Gifford v. . Corrigan
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 10, 1886, which reversed, so far as appealed from, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant, the Father Matthew Benefit Society Mo. 3, of Tuckahoe, M.Y.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 10, 1886, which reversed, so far as appealed from, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant, the Father Matthew Benefit Society Mo. 3, of Tuckahoe, M.Y. The executor of John McCloskey, late Archbishop of Mew York, was made defendant and the estate was sought to be and was charged by the judgment for any deficiency upon a covenant in a deed to liis testator of the…
1Opinion of the CourtAndrews, J.
The defendant, McCloskey, in his verified answer denied that he entered into the covenant of assumption contained in the deed executed by McEvoy, and alleged that the deed was made and executed without his knowledge, and that it was never delivered to or accepted by him. The parties proceeded to trial upon the issue so presented, and the other issues in the case. The plaintiff put in evidence from the register’s office in Westchester county, the record of a deed dated May 8, 1878. recorded May 10, 1878, from McEvoy to the defendant, McCloskey, purporting to convey to “ John McCloskey,…
2Cases cited4 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Church v. GilmanNew York Supreme Court · 1836
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by14 opinions
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Townsend v. . RackhamNew York Court of Appeals · 1894
- New York Life Insurance v. AitkinNew York Court of Appeals · 1891
- Page v. HincheeSupreme Court of Oklahoma · 1935
- Franklin Insurance v. FeistIndiana Court of Appeals · 1903
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