Mulford v. Muller
New York Court of Appeals
Joanna Mulford and others brought this action, in the supreme court, against John Cassidy (for whom, on his death pending the suit, James Muller and others, his executors, were substituted), to foreclose a mortgage of land made by Cassidy to secure nine thousand four hundred and fifty dollars with interest.
Read the full summary
Joanna Mulford and others brought this action, in the supreme court, against John Cassidy (for whom, on his death pending the suit, James Muller and others, his executors, were substituted), to foreclose a mortgage of land made by Cassidy to secure nine thousand four hundred and fifty dollars with interest. The bond to which the mortgage was collateral stipulated, “ it being understood that said Cassidy shall assign and transfer to said obligees five thousand five hundred dollars of a certain judgment,” describing it, which, “when paid by the city of Brooklyn, shall be received by the said…
1Opinion of the Court
By the Court.
Baecom, J.
The appellants’ counsel contends that the referee erred in allowing the plaintiffs to prove by Stevenson that he acted under the directions of Cassidy, in collecting the judgment from the city of Brooklyn; and that the referee also erred in permitting Stevenson to testify that Cassidy directed him not to pay the money he received upon that judgment from the comptroller of said city, to the plaintiffs, and threatened to sue him if- he should pay such money to them. His position is, that if Stevenson was the attorney of Cassidy, any directions the latter gave the former,…
2Cases cited2 opinions
- Britton v. . LorenzNew York Court of Appeals · 1871
- Britton v. LorenzNew York Court of Common Pleas · 1869
3Cited by4 opinions
- Britton v. . LorenzNew York Court of Appeals · 1871
- Howe v. StuartNew York Supreme Court · 1910
- Brown v. CliffordNew York Supreme Court · 1872
- McIntyre v. CostelloNew York Supreme Court · 1889