Woodruff v. . McGrath
New York Court of Appeals
This is an action to foreclose a mortgage upon certain lands in Westchester county. The title to the lands mortgaged was in Mary McGrath, the wife of the defendant, Charles E. McGrath, and the mortgage was executed as well by herself as her husband. The defendant, Yan Bokkelen, was made a party defendant as a subsequent incumbrancer.
Read the full summary
This is an action to foreclose a mortgage upon certain lands in Westchester county. The title to the lands mortgaged was in Mary McGrath, the wife of the defendant, Charles E. McGrath, and the mortgage was executed as well by herself as her husband. The defendant, Yan Bokkelen, was made a party defendant as a subsequent incumbrancer. Mrs. McGrath did not answer, and the other two defendants have answered separately, and they have appealed from the judgment of the Supreme Court to this court. The referee who tried the action found the following facts: 1. That the bond and mortgage mentioned in…
1Opinion of the CourtDavies, J.
Upon the facts found by the referee, the conclusions of law also found by him were undeniably correct, and the judgment thereon rendered was also correct, if the referee on the trial committed no error in the admission or rejection of evidence.
Upon the trial the plaintiffs called George McGrath as a witness, who testified, on his direct examination, that he became a partner in the firm of McGrath & Company on the 11th of August, 1857, and that the bond and mortgage were given for goods sold and delivered to McGrath & Company by the firm of Woodruff & Company and that such goods ' had been…
2Cited by10 opinions
- Powers v. GouraudNew York Supreme Court · 1897
- Miller v. City of Long BeachNew York Supreme Court · 1954
- Smart v. City of AlbanyNew York Supreme Court · 1932
- Feldman v. LevyAppellate Terms of the Supreme Court of New York · 1907
- Viele v. Goss.New York Supreme Court · 1867
5 more not listed; retrieve them via the Exa API.