Dalton v. . Smith
New York Court of Appeals
Appeal from' judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 19, 1879, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The court erred in receiving proof of the value of the land.
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Appeal from' judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 19, 1879, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The court erred in receiving proof of the value of the land. (Hogan v. Cregan 6 Robt. 138.) Assuming that the plaintiff has the right to maintain this action, defendants had the right to insist upon the application of the strict rule of law…
1Opinion of the CourtRapallo, J.
'The complaint states the plaintiff’s claim in two aspects. First, he alleges that he assigned a bond and mortgage of §4,000 to the defendants as collateral security for a loan of $2,000. That they foreclosed the mortgage and bought in the mortgaged premises for $2,000 and afterward sold them for $5,000. That the plaintiff was not a party to the foreclosure suit and consequently still continued the equitable owner of the mortgage and of all that was realized by the defendants thereon, in excess of the $2,000 they had loaned him, with interest.
The ground of action secondly set forth is that…
2Cases cited4 opinions
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Hoyt v. . MartenseNew York Court of Appeals · 1857
- Graves v. . DudleyNew York Court of Appeals · 1859
- Ledyard v. . JonesNew York Court of Appeals · 1852
3Cited by12 opinions
- In Re the Estate of GilbertNew York Court of Appeals · 1887
- Brown v. JonesNew York Supreme Court · 1915
- Lathrop v. AdkissonSupreme Court of Georgia · 1891
- First Nat. Bank of Jeffersonville v. Ohio Falls Car & Locomotive WorksU.S. Circuit Court for the District of Indiana · 1884
- Jackson v. ReedCourt of Appeals of Texas · 1923
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