Sprague v. . Cochran
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 8,' 1893, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon the report of a referee.
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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 8,' 1893, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.' The judgment appealed from ■was a part of the decree in the equity ease, and was a necessary result" from the facts admitted on the trial and found by the referee. (Seymour v. C. & N. F. R. R. Co., 25 Barb. 284; Lanning v. Tompkins, 45 id. 308; N. Bank v.…
1Opinion of the Court
O’Bribe", J.
Before reaching the real question in this case it is necessary to clear away some complications resulting from the practice adopted. The action was begun in September, 1887, to foreclose a mortgage. The complaint alleged that on the 9th of February, 1876, the defendant delivered his personal bond to one Antoinette Appley to- secure the payment of $3,000 on the first of June, 1881; with annual interest, and as collateral to this bond, a mortgage upon certain lands described which was duly recorded ;■ that this bond and mortgage had been assigned to the plaintiff, and that neither…
2Cases cited6 opinions
- In re HoweNew York Court of Chancery · 1828
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Smith v. . SmithNew York Court of Appeals · 1891
- Beardsley v. . DuntleyNew York Court of Appeals · 1877
- De Peyster v. . HasbrouckNew York Court of Appeals · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Winne v. . WinneNew York Court of Appeals · 1901
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- Shaughnessy v. EidsmoSupreme Court of Minnesota · 1946
54 more not listed; retrieve them via the Exa API.