Hancock v. . Hancock
New York Court of Appeals
Appeal ftom the Supreme Court. Action to foreclose a mortgage, bearing date in October, 1846, given by the defendant, Eobert Hancock and wife to the testator, John Hancock, for the sum of $1,200, payable in one year with interest. One Crawford.
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Appeal ftom the Supreme Court. Action to foreclose a mortgage, bearing date in October, 1846, given by the defendant, Eobert Hancock and wife to the testator, John Hancock, for the sum of $1,200, payable in one year with interest. One Crawford. C. Smith, as treasurer of the county of Kings, was also made a defendant, as the holder of a prior mortgage upon the samé premiseá. ■ . Before the trial, Smith had been succeeded in the office of treasurer by one Seabury; but the latter did not appear to have been substituted as a defendant. It was proved before the referee who tried the cause, and he…
1Opinion of the Court
Comstock, Ch. J.
I do not see any considerable merit in any of the questions raised upon this appeal. They will be mentioned, however, in their order.
1. The Code of Procedure provides that, when a case is wholly referred for trial and decision, “ the report of the referee shall stand as the decision of the court ” (§ 272); and on this ground it is claimed that the Supreme Court, at special term, had no authority to enter the judgment now in question; The practice of entering judgment in such cases in form, as though pronounced by the court, before one of its justices, has been uniform under…
2Cited by2 opinions
- Lemon v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- Ferris v. HardThe Superior Court of New York City · 1888