Excelsior Savings Bank v. Campbell 9 N.Y. Sup. Ct. 375

THE EXCELSIOR SAVINGS BANK, Respondent, v. SAMUEL CAMPBELL and others, Appellants.

Answer—when frivolous.

In an action to foreclose a mortgage for non-payment of interest, the defendants interposed an answer, in which they denied “ that they were in default in the payment of the sum of $280, which became due and payable on the 25th day of September, 1878.” Held, that as the answer put in issue no material fact, but simply denied that the defendants were in default, which was a conclusion of law, it was properly held to be frivolous.

Appeal from an order, overruling an answer as frivolous, and directing judgment to be entered in favor of the plaintiff.

Wm. S. Palmer, for the appellants.

F. F. Van Derveer, for the respondent.