Ferguson v. . Crawford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 11, 1879, which affirmed a judgment in favor of defendants, entered on a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage on certain real estate in the county of Westchester.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 11, 1879, which affirmed a judgment in favor of defendants, entered on a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage on certain real estate in the county of Westchester. One. of the defenses was that plaintiff’s mortgage was cut off, and his rights as mortgagee barred by the judgment in an action brought by one McFarquhar to foreclose a prior mortgage under the judgment in which the lands had been sold to…
1Opinion of the CourtRapallo, J.
When this case was before ns on the former appeal, we held that evidence was admissible to prove that the recital in the judgment in the case of MoFarquhar against Ferguson — that Ferguson appeared in that action by John W. Hills as his attorney'— was untrue; that Hr. Hills did not in fact appear for him, and that the notice of appearance contained in the 'judgment-roll and purporting to be signed by Hills was a forgery. (70 N. Y. 253.)
On the second trial, which is now under review, the evidence offered by the plaintiff for the purpose of showing that he did not appear by attorney in the…
2Cases cited1 opinion
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
3Cited by15 opinions
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Jones v. JonesSupreme Court of Oklahoma · 1915
- In re the Estate of McGarrenAppellate Division of the Supreme Court of the State of New York · 1906
- Hoffheimer v. StiefelNew York Supreme Court · 1896
- O'Connor v. FelixNew York Supreme Court · 1895
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