Rutherfurd Realty Company v. . Cook
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose certain mortgages.
1Per curiam
The findings of fact in the decision of the court have been unanimously affirmed by the Appellate Division.
Such findings do not show that the personal obligation of the defendant Cook was assigned to the plaintiff. The other questions discussed are not raised by such findings. The judgment should be reversed and'a new trial granted, with costs to abide the event, unless the plaintiff within twenty days consents to amend the judgment, by striking therefrom that part thereof directing that if the proceeds of the sale of the real property therein described be insufficient to pay the amount due…
2Cited by2 opinions
- Rutherfurd Realty Co. v. . CookNew York Court of Appeals · 1910
- Rutherfurd Realty Co. v. CookAppellate Division of the Supreme Court of the State of New York · 1909