Fellows v. . Northrup
New York Court of Appeals
Appeal from judgment of General Term, affirming judgment entered on decision of judge at Special Term; This is an action brought to foreclose a mortgage executed by Ezra G. Stoddard to the plaintiff. The respondent, Northrup, is a subsequent grantee of the mortgaged premises, and the defense interposed by him is payment.
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Appeal from judgment of General Term, affirming judgment entered on decision of judge at Special Term; This is an action brought to foreclose a mortgage executed by Ezra G. Stoddard to the plaintiff. The respondent, Northrup, is a subsequent grantee of the mortgaged premises, and the defense interposed by him is payment. The judge before whom the case was tried found, that, besides the payment of six hundred and forty dollars specified in the complaint, the defendant, hi or thr up,'had paid on the bond and mortgage sought to be foreclosed, March 2, 1854, three hundred and seventy-five…
1Opinion of the Court
Hunt, Ch. J.
The judge holding the Special Term has found and decided, as matter of fact, that the three sums iv question were paid upon the bond and mortgage sought to be foreclosed. This finding necessarily involves the authority of Hill to receive the money as the agent of the plaintiff, and the fact that he did receive it in that capacity. These conclusions of fact are binding upon us (Code, 267, 272), if there is any evidence to sustain them. We are not to weigh, measure or balance the evidence. If there is, however, no competent evidence to sustain snoh conclusions, or if the undisputed…
2Cases cited1 opinion
- Bentley v. . the Columbia Insurance CompanyNew York Court of Appeals · 1858
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- Little Rock & Fort Smith Railway Co. v. WigginsSupreme Court of Arkansas · 1898
- McConnell v. MackinAppellate Division of the Supreme Court of the State of New York · 1897
- Potter v. SagerNew York Supreme Court · 1916
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