Spencer v. . Spencer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This was a submission under the statute of a claim against the estate of Jirah P. Spencér, defendant’s intestate. The contention was principally as to a counter-claim presented by defendant.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This was a submission under the statute of a claim against the estate of Jirah P. Spencér, defendant’s intestate. The contention was principally as to a counter-claim presented by defendant. Plaintiff had executed to said intestate a mortgage securing the payment of $1,292, as specified in the mortgage. The mortgage contained no covenant or promise on the part of the…
1Opinion of the Court
Ruger, Ch. J.
The referee has found as a fact, upon conflicting evidence, that no bond was given by the plaintiff to accompany the mortgage upon which the defendant’s counterclaim in this proceeding is based.
There was evidence to support this finding, and we are concluded by it as to the existence of the fact in dispute. (Gaylord v. Knapp, 15 Hun, 87.)
He has also found that there was no evidence to establish the fact of a pre-existing debt from the plaintiff to the defendant for which the mortgage was given. Some evidence is produced to show that the defendant’s intestate advanced money for…
2Cases cited2 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Murray v. . MarshallNew York Court of Appeals · 1884
3Cited by24 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Nelson v. BrownSupreme Court of Missouri · 1897
- North End Savings Bank v. SnowMassachusetts Supreme Judicial Court · 1908
- Wayman v. JonesMissouri Court of Appeals · 1894
- Young Men's Ass'n v. CroftOregon Supreme Court · 1898
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