Appellate Division of the Supreme Court of New York, 1914

Matheson v. Mente

Matheson v. Mente
Appellate Division of the Supreme Court of New York · Decided May 15, 1914
163 A.D. 912
Matheson v. Mente

Opinion of the Court

Inasmuch as George P. Stainton, the younger, was not a party to this action, the judgment as entered at Special Term would be no legal bar against him or those claiming under him, and plaintiff would not be protected thereby by acquiescence in the same. The judgment should be modified by providing for a foreclosure and sale for the full amount due thereon, with interest and costs, and as so modified affirmed, without costs. Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ., concurred.

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