33 N.Y. 296
Decided September 5, 1865
New York Court of Appeals · decided 1865-09-05
Action to foreclose a mortgage executed by defendants to Christian Mentz, Jr., as treasurer of Erie county, to secure the payment of a certain bond conditioned to pay a sum therein named to the obligee or to his successors in office, in trust for certain infants therein named. The complaint contained the necessary averments, showing the plaintiff entitled to maintain the action for forclosure. The answer contained a general denial of the facts set out in the complaint.
Decided 1865-09-05
¶1 Held, that, as the appellant had pointed out no error in the proceedings of the court below, and the only defense set up in the answer was a general denial of the allegations in the complaint, which the referee ha,d found for the plaintiff; and as there appeared to be no error in the proceedings below, this was a proper case for imposing a penalty upon the appellant.
¶2 The judgment of the General Term was affirmed with ten per cent penalty.