Fiedler v. . Darrin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, reversing judgment in favor of defendants, entered upon the report ol a referee. The action was brought to recover possession of certain real estate situate in Castleton, Staten Island. Plaintiff claimed title under a deed from Henry A. D. Freeman. Defendants claimed that the deed was in fact intended as security for a usurious loan. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, reversing judgment in favor of defendants, entered upon the report ol a referee. The action was brought to recover possession of certain real estate situate in Castleton, Staten Island. Plaintiff claimed title under a deed from Henry A. D. Freeman. Defendants claimed that the deed was in fact intended as security for a usurious loan. The facts appear sufficiently in the opinion. The referee found that the deed of Freeman, under which plaintiff claimed, was a security in the nature! of a mortgage,…
1Opinion of the CourtAllen, J.
The court below having reversed the judgment on the report of the referee, and given judgment substantially for the plaintiff upon the facts, as well as the law, the evidence upon which the referee passed, as well as his conclusions of law, and his rulings in the progress of the trial, are. before us for review. (Code, § 268.)
The case is before this court as if upon an appeal upon the law and the facts, directly from the judgment of the referee. The Code declares the question in this court to be “ whether the judgment should have been reversed, either upon questions of fact or of law.” (Id.)…
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