Hoagland v. Miller
New York Supreme Court
Exceptions directed to be heard at general term in the first instance. This action was by Peter W. Hoagland against Jacob Miller and Isaac Shaurman, to recover $802.61. One Samuel Ford had executed a mortgage to one Hogan for $12,000; subsequently Hogan assigned to the present defendants an interest in the mortgage to the extent of $5,667, which sum defendants proposed to advance to Ford for the purpose of improving the property.
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Exceptions directed to be heard at general term in the first instance. This action was by Peter W. Hoagland against Jacob Miller and Isaac Shaurman, to recover $802.61. One Samuel Ford had executed a mortgage to one Hogan for $12,000; subsequently Hogan assigned to the present defendants an interest in the mortgage to the extent of $5,667, which sum defendants proposed to advance to Ford for the purpose of improving the property. The plaintiff, as assignee of Ford, claimed that the defendants did not advance the whole of this sum, but that there was a deficiency in the amount, which was now…
1Opinion of the CourtSutherland, P. J.
This case comes irregularly before the general term. It is not an appeal from a judgment. PTo judgment has been entered in the case. On the trial at the circuit, before a justice of this court and a jury, the justice dismissed the complaint without submitting the case to the jury; and the counsel for the plaintiff excepted to such dismissal. The justice then ordered the exceptions to be heard in the first instance at the general term upon a case containing the exceptions, and directed an order to that effect to be entered in the minutes of the clerk.
I know of no authority for such a…
2Cited by1 opinion
- Brown v. CongerNew York Supreme Court · 1876