Gleason v. . Hamilton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered Upon an order made Hay 13,1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and affirmed an order denying a motion for a new trial.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered Upon an order made Hay 13,1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and affirmed an order denying a motion for a new trial. This was an action for the foreclosure of a mortgage executed by defendant to plaintiff, dated and acknowledged January 13, 1885, which purported to secure the payment f‘ of any and all notes made by the El Oro Hining Company and indorsed by William T. Hamilton and William H. Thompson, and now…
1Opinion of the CourtPbckham, J.
If in order to sustain this judgment it were necessary to maintain the finding that the mortgage was reacknowledged and thus assented to by the defendant after the alteration was made, we should be unable to do it.
We think the ease is wholly without evidence to sustain such finding. There is nothing to sustain it but the alleged promise of the husband of defendant that he would have it reackntiwledged, and the declaration of the notary out of court that he had taken a reacknowledgment of the mortgage. It may be assumed that Mr. Doheny supposed it had been reacknowledged, and that he is…
2Cases cited5 opinions
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Brooks v. AllenIndiana Supreme Court · 1878
- Bigelow v. StilphenSupreme Court of Vermont · 1863
- Nickerson v. SwettMassachusetts Supreme Judicial Court · 1883
- Tillou v. Clinton & Essex Mutual InsuranceNew York Supreme Court · 1850
3Cited by11 opinions
- Kingan & Co. v. SilversIndiana Court of Appeals · 1894
- Clyde S. S. Co. v. WhaleyCourt of Appeals for the Fourth Circuit · 1916
- Edwards v. ThompsonWashington Supreme Court · 1917
- Orr v. MurraySupreme Court of Oklahoma · 1923
- Phalanx Corp. v. Philite Radiant, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
6 more not listed; retrieve them via the Exa API.