Legal Opinion

Crane v. Shuler

New York Supreme Court

Decided December 3, 1895PublishedCited by 1 opinion

Appeal from special term, Montgomery county. Action by T. H. Benton Crane, as receiver of the property of Isaac C. Shuler, against Elizabeth N. Shuler and others. Judgment for defendants, and plaintiff appeals. Affirmed.

1Opinion of the CourtHerrick, J.

The defendants Henry A. Booth and Alice M. Booth were not parties to the action brought by the First National Bank of Amsterdam against Elizabeth N. Shuler and others, and therefore are not bound by the proceedings in said action, the findings of the referee therein, or the judgment thereon. The question of fact litigated in this action, as to the payment of the mortgage sought to be foreclosed, was not in issue in the former action I have referred to. The trial court has found that the mortgage in question has been fully paid and satisfied, and it has also found that such payment and…

2Cases cited1 opinion

  1. Uhlmann v. BrownellNew York Supreme Court · 1888

3Cited by1 opinion

  1. Brayton v. DagerAppellate Division of the Supreme Court of the State of New York · 1936

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