Barber v. Palmer
New York Supreme Court
Appeal by tlie defendant, Edwin G-. Moore, as trustee for E. Gr. Moore & Co., J. W. Tuttle & Co., Nichols & Co., W. B. Mooers & Co., and William M. Foote, Wallace H. Foote and Philip V. N. MacLean, as executors of the last will and testament of Isabel MaeL.
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Appeal by tlie defendant, Edwin G-. Moore, as trustee for E. Gr. Moore & Co., J. W. Tuttle & Co., Nichols & Co., W. B. Mooers & Co., and William M. Foote, Wallace H. Foote and Philip V. N. MacLean, as executors of the last will and testament of Isabel MaeL. Foote, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Clinton on the 15th day of March, 1S92, in the first above-entitled action, brought for the foreclosure ox a mortgage given by the defendants, George W. Palmer, Frank Palmer, Owen A. Palmer and Charles G, Palmer, in which their respective wives…
1Opinion of the Court
The following is the opinion of the court below:
Kellogg, J.:
The two actions above entitled were tried together, the issues being practically the same and the material evidence the same.
These actions are brought to foreclose mortgages; one made by G. W. & F. Palmer & Go. to Charles O. Barber and others; one made by the same party to the First National Bank of Champlain. Both mortgages are signed by George W. Palmer, Frank Palmer, Owen A. Palmer and Charles G. Palmer, being all the copartners in the firm of G. W. & F. Palmer & Co.
The defendant Edward G. Moore, as trustee, etc., makes answer…
2Cases cited5 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Tarbell v. . WestNew York Court of Appeals · 1881
- Gillig v. . MaassNew York Court of Appeals · 1863
- Spencer v. . SpencerNew York Court of Appeals · 1884
- Williams v. ThornNew York Court of Chancery · 1845