Commercial Bank v. Catto
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Beaman Catto, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 9th day of September, 1896, denying his motion to set-aside a salé made pursuant to the judgment entered herein. March 31, 1896, the plaintiff commenced this action for the foreclosure of a mortgage. The defendant Catto interposed an answer.
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Appeal by the defendant, Beaman Catto, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 9th day of September, 1896, denying his motion to set-aside a salé made pursuant to the judgment entered herein. March 31, 1896, the plaintiff commenced this action for the foreclosure of a mortgage. The defendant Catto interposed an answer. The action was tried June 18, ÍS96, before Justice Werner, with: out a jury. July 13, 1896, the cause was submitted to the court. July 31, 1896, a decision was made and filed. ,…
1Opinion of the Court
Green, J.:
The defendant Catto’s counsel urges that the judgment should be set aside, for the reason that it is based upon a supplemental decision or .findings which the court had no legal authority to make. In the decision of July 31, 1896, the learned trial justice, among other findings of fact, found the following: “ The amount due and to become due, with interest to the 18th day of June, 1896, I hereby compute and fix at $15,494.04, for which, together with interest from said 18th day of June, 1896, and the costs of this action, the plaintiff is entitled to'judgment.” The supplemental…
2Cited by4 opinions
- Commercial Bank v. CattoAppellate Division of the Supreme Court of the State of New York · 1897
- Commercial Bank v. CattoAppellate Division of the Supreme Court of the State of New York · 1898
- Murphy v. Export Steamship Corp., New York County Courts1934
- Naddeo v. NaddeoNew York Supreme Court · 1959