Foote v. . Beecher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Mem. of decision below, 12 Hun, .374.) . ¡. This action was brought to stay the foreclosure (statutory) of a certain mortgage executed by one Roberts to defendant, and to have the same satisfied and canceled of record upon the ground that the same had been paid.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Mem. of decision below, 12 Hun, .374.) . ¡. This action was brought to stay the foreclosure (statutory) of a certain mortgage executed by one Roberts to defendant, and to have the same satisfied and canceled of record upon the ground that the same had been paid. Plaintiff was the owner of the equity of redemption. The question was as to a payment indorsed upon the mortgage. Defendant claimed that the mortgagor gave…
1Opinion of the Court
Church, Ch. J.
We concur with the General Term that the declarations of Roberts were inadmissible, and that the referee erred in receiving the evidence of such admissions. But we are unable to concur in the affirmance of the judgment, notwithstanding such error. There is no distinction between actions of a legal and those of an equitable nature, in respect to the availability of exceptions taken upon the trial, upon the admission of incompetent evidence, and no reason is perceived for such a distinction. Improper evidence may influence a court or referee, as well as a jury. The party has a…
2Cases cited3 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Williams v. . FitchNew York Court of Appeals · 1859
- Forrest v. . ForrestNew York Court of Appeals · 1862
3Cited by28 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- In re Bedlow's WillNew York Supreme Court · 1893
- People v. . StraitNew York Court of Appeals · 1897
- Card v. MooreAppellate Division of the Supreme Court of the State of New York · 1902
- Huston v. JohnsonNorth Dakota Supreme Court · 1915
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