Preston v. Arthur
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles M. Preston, as receiver, etc., from a judgment of the Supreme Court in favor of the defendants Albee, entered in the office of the clerk -of the county of New York on the 16th day of December, 1906, upon the report of a referee.
1Opinion of the Court
Clarke, J.:
This case was tried before the same referee and at the same' time as that of Preston v. Albee, No. 2 (120 App. Div. 89), opinion filed herewith, and presented-the same character of case, the mortgage in suit being upon the house adjacent to the premises- under foreclosure in action Ho. 2.
In action Ho. 2 the referee admitted- all the. documentary evidence and then dismissed the complaint. In the case under con *94sideration he excluded all of the documentary evidence, including the mortgage sued on, although acknowledged and recorded, and the bond, although executed and acknowledged,…
2Cases cited1 opinion
- Preston v. AlbeeAppellate Division of the Supreme Court of the State of New York · 1907