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

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 12, 1936

StatusPublished

Cited by1 cases

This text of 159 Misc. 803 (Emsig v. Fuchs) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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]*804tamable. 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.

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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]*804tamable. 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.

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Bluebook (online)

159 Misc. 803, 288 N.Y.S. 784, 1936 N.Y. Misc. LEXIS 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emsig-v-fuchs-nyappterm-1936.

Opinion

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