Home/Appellate Division of the Supreme Court of New York/Elmira Savings & Loan Ass'n v. Spring

Elmira Savings & Loan Ass'n v. Spring

261 A.D. 1034, 26 N.Y.S.2d 31, 1941 N.Y. App. Div. LEXIS 8611
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 19, 1941
StatusPublished
Cited by3 cases

This text of 261 A.D. 1034 (Elmira Savings & Loan Ass'n v. Spring) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elmira Savings & Loan Ass'n v. Spring, 261 A.D. 1034, 26 N.Y.S.2d 31, 1941 N.Y. App. Div. LEXIS 8611 (N.Y. Ct. App. 1941).

Opinion

Action to foreclose a real estate mortgage. The answer sets up a counterclaim which if established would nearly equal the mortgage debt. Upon the opening of the trial defendant’s attorney stated as followsIf your honor please I want to call for a jury here in this case. A question of fact.” This action is not one specified in section 425 of the Civil Practice Act. No motion was made to frame issues under sections 429, 430 et seq. of the Civil Practice Act. Judgment unanimously affirmed. Present — Hill, P. J., Crapser, Heffernan, Sehenck and Poster, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Furber v. Sidell
6 Misc. 2d 554 (New York County Courts, 1957)
Security Discount Associates, Inc. v. Weissbaum
283 A.D. 920 (Appellate Division of the Supreme Court of New York, 1954)
Feldman v. Sturm
278 A.D. 21 (Appellate Division of the Supreme Court of New York, 1951)

Cite This Page — Counsel Stack

Bluebook (online)
261 A.D. 1034, 26 N.Y.S.2d 31, 1941 N.Y. App. Div. LEXIS 8611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elmira-savings-loan-assn-v-spring-nyappdiv-1941.