Mutual Life Insurance v. Cranwell
New York Supreme Court
Appeal “ from, a judgment of the supreme court herein, entered in the. clerk’s office of the county of Oneida on the 9th day of September, 1889; judgment for foreclosure for $15,847.76.” In the notice of appeal it is stated “ The appellant intends to bring up for review upon such appeal, and also hereby appeals from the order of the supreme court, allowing said judgment and denying said motion to vacate the order of reference, etc., and granting $200 extra allowance as in a…
Read the full summary
Appeal “ from, a judgment of the supreme court herein, entered in the. clerk’s office of the county of Oneida on the 9th day of September, 1889; judgment for foreclosure for $15,847.76.” In the notice of appeal it is stated “ The appellant intends to bring up for review upon such appeal, and also hereby appeals from the order of the supreme court, allowing said judgment and denying said motion to vacate the order of reference, etc., and granting $200 extra allowance as in a difficult and extraordinary case.” Appellant and her husband executed and delivered to the plaintiff on the 10th of…
1Opinion of the Court
Hardin, P. J.(1). We are of the opinion that there was abundant evidence before the referee to warrant his finding as a matter of fact that the action which was commenced by the plaintiff in 1886 to foreclose the mortgages now in suit was settled and discontinued prior to the commencement of this action. See folios 436, 439, 443, 446, 454, 457, and the stipulation signed by Ward Hunt, then plaintiff’s attorney, dated December 3,1886, found at page 92^ of the appeal book, and the order entered thereon in the Oneida county clerk’s office, in pursuance of the stipulation cancelling the notice of…
2Cases cited4 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Jones v. GrantNew York Court of Chancery · 1843
- Wormer v. CanovanNew York Supreme Court · 1872