Gannon v. . McGuire
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 12,1897, reversing a judgment which dismissed the complaint after a trial at Special Term, and granting a new trial. This action was brought to foreclose a purchase-money mortgage executed by the defendant Catharine McGuire to John Gannon, since deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 12,1897, reversing a judgment which dismissed the complaint after a trial at Special Term, and granting a new trial. This action was brought to foreclose a purchase-money mortgage executed by the defendant Catharine McGuire to John Gannon, since deceased. The facts, so far as material, are stated in the opinion. The Appellate Division reversed the judgment upon the questions of law, and the facts as found by. the referee are conclusive upon this appeal. (Code Civ. Pro. §§ 1337,…
1Per curiam
The substantial issue presented by the pleadings is whether the mortgage sought to be foreclosed in this action, together with the accompanying bond, were delivered by the plaintiff’s intestate to the defendant, Catharine McGuire, as a gift inter vivos. According to the order of reversal, the learned Appellate Division did not disturb the facts presumed to have been found by the trial court, which include all facts warranted by the evidence and necessary to support the judgment. (People v. Adirondack Ry. Co., 160 N. Y. 225 ; Code Civ. Pro. §§ 1022-1338.) The trial court decided that, prior to…
2Cases cited8 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Gray v. . BartonNew York Court of Appeals · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- Gruen v. GruenNew York Court of Appeals · 1986
- Spence v. . HamNew York Court of Appeals · 1900
- Johnson v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1936
- Shotwell v. . DixonNew York Court of Appeals · 1900
56 more not listed; retrieve them via the Exa API.