Staley v. Murray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Michael D. Murray and another, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Fulton on the 7th day of December, 1914, striking out the findings of fact, the exceptions thereto and the judgment in this action and directing a judgment of nonsuit, and also from the said judgment of nonsuit entered in said clerk’s office on the same day pursuant to the said order.
1Dissent
Woodward, J. (dissenting):
In the month of August, 1907, the plaintiff, with his coexecutor, Joseph Shaw, who has since died, commenced an action for the foreclosure of a mortgage dated June 22, 1905, in the sum of $600, due in six months, payable to Jacob Stalee, now deceased, and represented in this action by his executors. The complaint in the action alleged that a bond accompanied the mortgage, hut the plaintiff failed to produce the bond upon the trial. The defendants appeared, admitted the making and execution of the bond, and mortgage, the delivery of the same and the recording of the…
2Cases cited12 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Alley v. NottSupreme Court of the United States · 1884
- Clark v. . ScovillNew York Court of Appeals · 1910
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
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