James Kay, Respondent v. Henry Whittaker, Jr., Impleaded With William H. Duryea and Others, Appellants

Summary

The New York Court of Appeals affirmed the lower court's order striking out the defendant's frivolous and false defenses and entered judgment for the plaintiff on the foreclosure of the mortgage. It held that a usurious agreement between the defendant and a third party cannot defeat the plaintiff's mortgage rights, that the bond and mortgage constitute a single instrument, that the defendant's alleged tenancy and dower claims present no material defense, and that the plaintiff may obtain judgment without joining the defendant's wife as a necessary party.