Albany County Savings Bank v. McCarty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 18, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 18, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence was insufficient to support the finding of the referee, that the defendants’ mother, Ellen McCarty, executed, acknowledged or delivered to the plaintiff the bond and mortgage in question. (Code Civ. Pro. § 936 ; Jackson v. Humphrey, 1 Johns. 498; Jackson v. Schoonmaker,…
1Opinion of the CourtVann, J.
This action was brought to foreclose a mortgage, which, together with the accompanying bond, purports to have been executed on the 25th of April, 1887, by Ellen McCarty, the owner in fee of the lands affected, and by Thomas McCarty, her husband, to secure the payment to the plaintiff of the sum of $8,000 besides interest. On the 11th of May, 1887, sixteen days after the alleged- execution and delivery of' the bond and mortgage, Ellen McCarty died, intestate, and her husband was subsequently appointed administrator of her éstate, but, although made a party to the action, both in his…
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- Eisenlord v. . ClumNew York Court of Appeals · 1891
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- Downing v. RugarNew York Supreme Court · 1839
- Irving v. . CampbellNew York Court of Appeals · 1890
- Carpenter v. . SouleNew York Court of Appeals · 1882
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