Newton v. McLean
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to foreclose a mortgage, dated December 21st, 1860, given by the defendants, Hector McLean and Archibald H. McLean to James Chappell, the plaintiff’s testator, to secure him for indorsing for their accommodation two promissory notes, one for $700 and another for $2000, which Chappell was obliged to pay and did pay.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. The action was brought to foreclose a mortgage, dated December 21st, 1860, given by the defendants, Hector McLean and Archibald H. McLean to James Chappell, the plaintiff’s testator, to secure him for indorsing for their accommodation two promissory notes, one for $700 and another for $2000, which Chappell was obliged to pay and did pay. The answer alleged that at the time of the execution of the mortgage Hector and Archibald H. McLean had no interest in the mortgaged premises, but that the defendant Donald McLean conveyed the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Upon the facts found by the referee I do not see why the conclusions of law based thereupon were not entirely legitimate and sound. The plaintiff made out a clear case upon his evidence, and the referee finds as matter of fact that the matters set up in the defendant’s answer were not established. It follows that as no defense was made out the plaintiff was entitled to judgment for the foreclosure of the mortgage set out in his complaint. It therefore becomes necessary to inquire whether the exceptions to the exclusion of evidence offered by the defendants…
2Cases cited2 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Grimstone v. CarterNew York Court of Chancery · 1831
3Cited by5 opinions
- Dunlop v. . AveryNew York Court of Appeals · 1882
- Smith v. TerryAppellate Division of the Supreme Court of the State of New York · 1899
- Partridge v. SmithU.S. Circuit Court for the Northern District of Illnois · 1869
- Rexford v. RexfordNew York Supreme Court · 1872
- Smith v. TerryAppellate Division of the Supreme Court of the State of New York · 1899