Alverson v. Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Marshall, as administrator, etc., from a judgment of the County Court of Livingston county, entered in the office of the clerk of said county on the 2d day of January, 1913, upon the decision of the court after a trial before the court without a jury, and also from an order entered in said clerk’s office on the 31st day of December, 1912, designating and authorizing, nunc pro tunc as of the 9 th day of February, 1912, Hon. Almon W. Burrell,…
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Appeal by the defendant, William Marshall, as administrator, etc., from a judgment of the County Court of Livingston county, entered in the office of the clerk of said county on the 2d day of January, 1913, upon the decision of the court after a trial before the court without a jury, and also from an order entered in said clerk’s office on the 31st day of December, 1912, designating and authorizing, nunc pro tunc as of the 9 th day of February, 1912, Hon. Almon W. Burrell, county judge of Steuben county, to hold a term of the Livingston County Court for the purpose of hearing the trial of…
1Opinion of the Court
Robson, J.:
Plaintiff alleges in his complaint the making, execution and delivery to him by Caroline Marshall, appellant’s intestate, of a bond, with a mortgage upon real estate therein described as collateral thereto, conditioned for the payment of the sum of $250, with interest, at the time and manner therein alleged, and default in such payment. The demand for judgment is in the usual form, including a demand for judgment against the defendant Caroline Marshall for any deficiency that may remain after due application of the proceeds of the sale of the property described in the mortgage.
The…
2Cases cited5 opinions
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Langdon v. BuelNew York Supreme Court · 1832
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880
- Syracuse Savings Bank v. . MerrickNew York Court of Appeals · 1905