Emsig v. Fuchs

Appellate Terms of the Supreme Court of New York

Emsig v. Fuchs

159 Misc. 803, 288 N.Y.S. 784, 1936 N.Y. Misc. LEXIS 1312

Appellate Terms of the Supreme Court of New York·Decided May 12, 1936·Published·Cited by 1 cases

Opinion

Per Curiam.

An action on a bond secured by a mortgage on realty is maintainable under sections 1077-b and 1083-b of the Civil Practice Act when an action to foreclose a mortgage would be main-[804] tamable. Moreover, the defendant, where the action is on a bond, must prove reasonable market value of the property by way of set-off.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Levy, Hammer and Callahan, JJ.

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

Per Curiam.

An action on a bond secured by a mortgage on realty is maintainable under sections 1077-b and 1083-b of the Civil Practice Act when an action to foreclose a mortgage would be main-[804] tamable. Moreover, the defendant, where the action is on a bond, must prove reasonable market value of the property by way of set-off.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Levy, Hammer and Callahan, JJ.

Emsig v. Fuchs, 159 Misc. 803, 288 N.Y.S. 784, 1936 N.Y. Misc. LEXIS 1312 (N.Y. Ct. App. 1936).

Pincite

159 Misc. 803 (Emsig v. Fuchs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related