Agricultural Ins. Co. v. . Barnard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made January 24,1882, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made January 24,1882, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The' proceedings to obtain authority to mortgage the real estate of the lunatic not having been made a part of the appeal papers, every intendment is in favor of their regularity and sufficiency ; and the court will be presumed to have had full and complete jurisdiction, unless the contrary…
1Opinion of the Court
Huger, Ch. J.
The action was brought to foreclose a mortgage for $1,500 dated October 19,1877, given to the plaintiff on behalf of the defendants Barnard, by one Martin Thatcher, a committee duly appointed of Barnard’s person and property, he having been duly adjudged a lunatic.
The record does not contain the evidence taken on the trial, and the appeal to the General Term was heard and determined solely upon the judgment-roll, and exceptions to the findings of law by the trial court. In such a case, to succeed upon his appeal from a report in favor of the plaintiff, it is incumbent upon the…
2Cases cited6 opinions
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Wright v. . NostrandNew York Court of Appeals · 1883
- Mohr v. ManierreSupreme Court of the United States · 1880
- Bangs v. . DuckinfieldNew York Court of Appeals · 1859
- In re LynchNew York Court of Chancery · 1835
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3Cited by21 opinions
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Carter v. Prairie Oil & Gas Co.Supreme Court of Oklahoma · 1915
- Primeau v. National Life Ass'nNew York Supreme Court · 1894
- Coutts v. J. L. Kraft & Bros.New York Supreme Court · 1922
- Illinois Merchants Trust Co. v. TurnerIllinois Supreme Court · 1930
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