Ewers v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna M. Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of September, 1903, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Hirschberg, P. J.:
The judgment is without evidence to support it. The action is brought to foreclose a mortgage on real estate executed by the defendant Catherine P. McbTally to the plaintiff on the 29th day of May, 1900. The mortgage was recorded June 2, 1900. The mortgagor denied its execution, but the court found to the contrary *290on sufficient evidence. The mortgage was executed as collateral security to a bond of even date and amount, and the question chiefly litigated was whether the defendant Catherine P. McNally was bound by her execution of the documents where the money loaned upon…
2Cases cited4 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- The People v. . SnyderNew York Court of Appeals · 1869
- Biglow v. BiglowAppellate Division of the Supreme Court of the State of New York · 1899
- Duke of Cumberland v. . GravesNew York Court of Appeals · 1852
3Cited by2 opinions
- Gaines v. HuylerNew York Supreme Court · 1920
- In re the Estate of KennedyAppellate Division of the Supreme Court of the State of New York · 1971