Merkle v. . Beidleman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 31, 1898, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 31, 1898, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The declarations of the plaintiff’s assignor were incompetent, were properly rejected by the court and no error was committed by such ruling. (Page v. Gagwin, 7 Hill, 361; Fitch v. Chapman, 10 Conn. 8; Smith v. Webb, 1 Barb. 230 ; Booth v. Swezey, 8 N. Y…
1Opinion of the CourtBartlett, J.
This action was brought to foreclose a mortgage dated March 4tli, 1885, given by one of the defendants, James F. Beidleman, and his wife to Eliza Beidleman, to secure the payment of a bond in the sum of seven hundred dollars.
The mortgagee assigned this mortgage on the 20th of July, 1895, to the plaintiff, John D. Merkle.
Eliza Beidleman, the mortgagee, was a maiden lady and at the time of her death in November, 1895, was eighty-four years of age. She lived by herself on her farm until the last two or three years of her life, when an occasional sickness required some of her relatives to visit…
2Cases cited5 opinions
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Foster v. . BealsNew York Court of Appeals · 1860
- Smith v. WebbNew York Supreme Court · 1847
- Tousley v. . BarryNew York Court of Appeals · 1858
- Booth v. . SwezeyNew York Court of Appeals · 1853
3Cited by12 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Coastal Commercial Corp. v. Samuel Kosoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1960
- Smith v. GoetheCalifornia Supreme Court · 1911
- Clark v. RowellNew York County Court, Delaware County · 1937
- Maloney v. Howard Johnson, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
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