Ward v. Bronson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gilbert Ward, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 25th day of October, 1907, denying the plaintiff’s motion for leave to amend the complaint, and also from an order entered in said clerk’s office on the 29th day of February, 1908, denying the plaintiff’s motion for judgment upon the report of a referee appointed in an action for the foreclosure of a…
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Appeal by the plaintiff, Gilbert Ward, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 25th day of October, 1907, denying the plaintiff’s motion for leave to amend the complaint, and also from an order entered in said clerk’s office on the 29th day of February, 1908, denying the plaintiff’s motion for judgment upon the report of a referee appointed in an action for the foreclosure of a mortgage.
1Opinion of the Court
Kellogg, J.:
The referee’s report contained the necessary findings upon which to base the judgment asked. Judgment was refused apparently upon the ground that the referee erroneously received evidence over defendants’ objection and exception. The complaint alleged the execution of the bond and mortgage and default, and' asked a sale of the property for the payment of the mortgage debt and for general relief. It alleged that Betsy Ann Gibbons, the mortgagee, died in March, 1893, leaving George Holly her only heir at law and next of kin and who became the owner of said mortgage by inheritance,…
2Cited by2 opinions
- Boylan v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1909
- J. A. Mahlstedt Lumber & Coal Co. v. Westchester Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1921