General
Jamaica Savings Bank, Appellant, v. M. S. Investing Co., Inc., and Others, Defendants, and William E. Kennedy and Colley E. Williams, Respondents
248 A.D. 918·New York Supreme Court, Appellate Division·1936·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Jamaica Savings Bank, Appellant, v. M. S. Investing Co., Inc., and Others, Defendants, and William E. Kennedy and Colley E. Williams, Respondents.
[MAJORITY]
In an action to foreclose a mortgage, order granting motion of the defendants-respondents for an order framing issues and directing a question of fact to be tried by a jury as of right affirmed, with ten dollars costs and disbursements. No opinion. Young, Hagarty and Taylor, JJ., concur; Lazansky, P. J., and Add, J., dissent and vote to reverse upon the ground that the action is for the foreclosure of a mortgage and the prayer for a deficiency judgment is merely for incidental relief, even though the respondents be guarantors.