Conover v. Palmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, 'Experience M. Conover, from a judgment of tlie, Supreme Court in favor of tlie defendants, entered in . the office of the cleric of tlie county of Kings on tlie 15th day of March, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing tlie complaint.
1Opinion of the Court
Miller, J.:
The plaintiff seeks an adjudication that an instrument, in terms a deed" of conveyance to the defendants’ testator,-executed by her in November, 1886, was in fact a mortgage, an. accounting to-asceitain the amount of her indebtedness and the amount received .by the defendants, they having sold tlie premises involved, and á decree requiring them to pay her tlie sum ascertained to be her due. (See Mooney v. Byrne, 163 N. Y. 86.) At the trial .the complaint was dismissed at tlie- close of her case, the record in that regard being as follows, viz.: “ [Defendants’ counsel] : I move for…
2Cases cited8 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Carr v. . CarrNew York Court of Appeals · 1873
- Odell v. . MontrossNew York Court of Appeals · 1877
- MacAuley v. . SmithNew York Court of Appeals · 1892
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3Cited by5 opinions
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- Schenectady Savings Bank v. AshtonAppellate Division of the Supreme Court of the State of New York · 1923
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- Penn Athletic Club Bldg. v. CommissionerUnited States Tax Court · 1948
- Richardson v. BeaberNew York Supreme Court · 1909