Appellate Division of the Supreme Court of New York, 1917

Mattfeld v. Pramuk

Mattfeld v. Pramuk
Appellate Division of the Supreme Court of New York · Decided December 15, 1917
181 A.D. 956
Mattfeld v. Pramuk

Opinion of the Court

The findings by the trial court that the bond and mortgage were for sufficient consideration, and not induced by false or fraudulent representations, are well supported by the proofs. The consideration was the conveyance of several lots which appellant has since used, leased and conveyed away, so that she cannot now restore the parties to their original position. The objection now urged, that Stephen Pramuk, the appellant’s husband, was the real party in interest, not having been taken by demurrer or by answer,' is not available. (Merritt v. Walsh, 32 N. Y. 685; Code. Civ. Proc. § 499.) Judgment of foreclosure affirmed, with costs. Thomas, Stapleton, Mills, Rich and Putnam, JJ., concurred.

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