Legal Opinion

Hetzel v. Easterly

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1904PublishedCited by 3 opinions

Appeal by the plaintiff, Joseph Hetzel, Jr., and by the defendant, Eliza H. Easterly, from a judgment of the Supreme Court in favor of the defendants Jay M. Easterly and others, entered in the office of the clerk of the county of Cayuga on the 9th day of August, 1902, upon the decision of the court, rendered after a trial at the Cayuga Special Term, dismissing the plaintiff’s complaint; also an appeal by the plaintiff, Joseph Hetzel, Jr., from an order of the Supreme Court,…

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Appeal by the plaintiff, Joseph Hetzel, Jr., and by the defendant, Eliza H. Easterly, from a judgment of the Supreme Court in favor of the defendants Jay M. Easterly and others, entered in the office of the clerk of the county of Cayuga on the 9th day of August, 1902, upon the decision of the court, rendered after a trial at the Cayuga Special Term, dismissing the plaintiff’s complaint; also an appeal by the plaintiff, Joseph Hetzel, Jr., from an order of the Supreme Court, made at the Cayuga Special Term and entered in the office of the clerk of the county of Cayuga on the 9th day of August,…

1Opinion of the Court

Hiscock, J.:

The controversies presented to us upon these appeals arise in a general way out of and in connection with the settlement and disposition of the estate of one John M. Easterly, deceased.

This action was brought to foreclose a mortgage given by said Easterly and* his wife, the defendant Eliza H. Easterly,- upon, real estate situate in the city of Auburn, to one Joseph Hadden, to secure a bond conditioned for the payment of $2,500, and which bond and mortgage are claimed by the plaintiff to have been assigned to him. The same parties executed another mortgage upon the same or…

2Cases cited2 opinions

  1. Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887
  2. In re the Judicial Accounting of WarnerAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by3 opinions

  1. Morehouse v. . WoodruffNew York Court of Appeals · 1916
  2. In re the City of New YorkNew York Supreme Court · 1911
  3. In re the Judicial Settlement of the Accounts of SloaneNew York Surrogate's Court · 1909

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