First National Bank of Canton v. Washburn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Monroe B. Washburn, individually and. as receiver of the property of the firm of Smith Hanfield, from an order óf the Supreme Court, made at the Warren "Special Term and entered in the office of the cleric Of the county of St. Lawrence on the 14th" day of ¡June, 1897, denying his motion to resettle the findings and open the judgment entered in the action:
1Opinion of the Court
Merwin, J. :
This action was commenced in: December, 1895, for the foreclosure of two mortgages bearing date August 1,1894, for the sum, in the aggregate, of $110,000 and interest. . The. full amount of the mortgages was claimed to be due.. James S. Smith, as receiver of. the property of the firm of Smith & Hanfield, was made a "party defendant,, it being alleged that he, among others,-had, or claimed, some interest in or lien on the premises subsequent to the lien of the mortgages. Smith, as receiver, was not served, and on the 3d of June, 1896, Monroe B. Washburn was substituted as receiver…
2Cases cited2 opinions
- Slocum v. . BarryNew York Court of Appeals · 1868
- Carter v. CarterNew York Court of Chancery · 1829