Howells v. . Hettrick
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 189Y, upon an order reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and awarding judgment absolute for the plaintiff, respondent. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division should not have ordered final judgment upon the merits.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 189Y, upon an order reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and awarding judgment absolute for the plaintiff, respondent. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division should not have ordered final judgment upon the merits. It cannot be said that other evidence may not be obtained by the appellant to establish his position in reference to the…
1Opinion of the CourtBartlett, J.
It is sought in this action to have an assignment to plaintiff’s intestate in 1879 of the interest of Margaret W. Hettrick in the estate of the late John H. McCunn adjudged to he a superior lien to a claim made upon the same interest by defendant.
The assignment to plaintiff’s intestate was executed and delivered about August 21st, 1879, as collateral security to a debt that is undisputed.
On the 5th of September, 1882, the defendant recovered a judgment against Margaret W. Hettrick for the sum of $2,683.22;
On the 11th of October, 1882, plaintiff’s intestate recovered judgment against Margaret…
2Cases cited8 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Heller v. . CohenNew York Court of Appeals · 1897
- Cary v. . WhiteNew York Court of Appeals · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- O'Neill v. Lola Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- Long Island Central Station, Inc. v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Mackenzie v. AugimeriAppellate Division of the Supreme Court of the State of New York · 1924
- Orthey v. . BoganNew York Court of Appeals · 1919
- White v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1924
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