Sherow v. Livingston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward Moore and another, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Dutchess as of the 28th day of April, 1897, upon the decision of the court rendered after a trial at the Dutchess County Special Term, with notice of an intention to bring up for review upon such appeal an intermediate order entered in said clerk’s office on the 3d day of June,…
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Appeal by the defendants, Edward Moore and another, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Dutchess as of the 28th day of April, 1897, upon the decision of the court rendered after a trial at the Dutchess County Special Term, with notice of an intention to bring up for review upon such appeal an intermediate order entered in said clerk’s office on the 3d day of June, 1897, denying the defendants’ application for the postponement of the trial, and also an intermediate order entered in…
1Opinion of the Court
Bradley, J.:
The action was brought by the plaintiff for the foreclosure of the two mortgages of $2,500 each. The defendants Teaman and Hunt*532ington availed themselves of the provisions of section 521 of the Code and sought by their answers the foreclosure in their behalf of the $9,000 mortgage. The defendants Moore answered the alleged causes of action of the plaintiff and of the defendants Teaman and Huntington, and by their answer alleged payment of the mortgages of which foreclosure is sought and their merger as against them in the superior title of Robert S. Livingston, the mortgagor. The…
2Cases cited17 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Payne v. . WilsonNew York Court of Appeals · 1878
- Smith v. . RobertsNew York Court of Appeals · 1883
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- King v. Briarwood Land Co. of JamaicaNew York Supreme Court · 1911