Hunt v. . Chapman
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mortgage. The answer set up fraud, and also a counter-claim for moneys alleged to have been collected by plaintiff for defendant.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mortgage. The answer set up fraud, and also a counter-claim for moneys alleged to have been collected by plaintiff for defendant. The referee found the making and execution of the bond and mortgage set forth in the complaint, the assignment thereof to plaintiff, and the amount due thereon, also that no moneys came to plaintiff’s hands arising from the claims left with him for…
1Opinion of the CourtAllen, J.
The order of the Supreme Court refusing the application to “ send the case on appeal back to the referee before whom this action was tried, to pass upon certain additional findings of fact proposed and requested by the defendant,” is not before us for review. It was made at Special Term, and does not appear to have been before, or considered by, the court at General Term, and this court cannot entertain appeals directly from the determination of the court at Special Term. The record must show an actual determination of the court, at General Term, to entitle a party to be heard here in review…
2Cases cited1 opinion
- Van Slyke v. . HyattNew York Court of Appeals · 1871
3Cited by4 opinions
- Fuller v. TuskaNew York Court of Common Pleas · 1892
- Waterbury v. Tucker & Carter Cordage Co.New York Court of Appeals · 1897
- Bockes v. HathornNew York Supreme Court · 1879
- Rosa v. JenkinsNew York Supreme Court · 1884