Brown v. Clifford
New York Supreme Court
This was an appeal from a judgment entered on confirmation of a referee’s report. The plaintiff' in his complaint alleges that in November, 1864, William O. Brown, Jr., was the owner in fee of the lot of land in Cook county, in the State of Illinois, described in the complaint, subject to a lien by way of mortgage to one Elias Greenbourn, for the sum of $2,500. Previous to the 25th Fovember, 1864, the defendant, who was a brother-in-law of said W. O. B., Jr., had loaned to…
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This was an appeal from a judgment entered on confirmation of a referee’s report. The plaintiff' in his complaint alleges that in November, 1864, William O. Brown, Jr., was the owner in fee of the lot of land in Cook county, in the State of Illinois, described in the complaint, subject to a lien by way of mortgage to one Elias Greenbourn, for the sum of $2,500. Previous to the 25th Fovember, 1864, the defendant, who was a brother-in-law of said W. O. B., Jr., had loaned to the latter divers sums of money, amounting to about $900. On the last-mentioned day, it was agreed between said Brown and…
1Opinion of the Court
Müllin, P. J.
Before proceeding to examine the questions arising on the appeal, it is necessary to ascertain what *51questions have already been decided in order that we may know what questions the appellant’s counsel is at liberty to call upon us to consider.
After the trial of the feigned issue the case shows that a motion was made at Special Term for a new trial of said issue. That motion was denied, and on appeal to this court the order denying the motion was affirmed.
The exceptions taken on the trial presented the question whether paroi evidence that the deed from Brown to the defendant was…
2Cases cited4 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Sturtevant v. . SturtevantNew York Court of Appeals · 1859
- Tibbs v. MorrisNew York Supreme Court · 1865
- Mulford v. MullerNew York Court of Appeals · 1863
3Cited by5 opinions
- Chapin v. ThompsonNew York Supreme Court · 1879
- Chapin v. ThompsonNew York Supreme Court · 1879
- Hegeman v. CantrellThe Superior Court of New York City · 1875
- Madison University v. WhiteNew York Supreme Court · 1881
- Ward v. WarrenNew York Supreme Court · 1878