Billings v. . Russell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 19, 1883, which reversed a judgment in favor of defendants, Russell & Sawyer, entered upon the report of a referee. (Reported below, 31 Hun, 65.) This action was brought to foreclose a mortgage. Said defendants were judgment creditors of the mortgagor and defen dedon the ground that the mortgage was fraudulent and void as against the creditors of said mortgagor.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 19, 1883, which reversed a judgment in favor of defendants, Russell & Sawyer, entered upon the report of a referee. (Reported below, 31 Hun, 65.) This action was brought to foreclose a mortgage. Said defendants were judgment creditors of the mortgagor and defen dedon the ground that the mortgage was fraudulent and void as against the creditors of said mortgagor. The facts so far .as material are .stated in the opinion. Where, upon appeal to the General Term from a judgment in an action…
1Opinion of the Court
Huger, Ch. J.
Owing to the method in which this case is presented by the record, the question of fact discussed by the .General Term, does not seem to have been properly before that tribunal. Hone of the evidence taken on the trial is contained in the error book, and the case was considered below, as it must be here, solely upon the facts found by the referee. It was, therefore, impossible for the General Term to review the case upon the facts, as they were not before it, and its order of reversal, must have been based upon assumed errors of law to which our right of review is necessarily…
2Cases cited10 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Shelley v. BootheSupreme Court of Missouri · 1880
- Starin v. . KellyNew York Court of Appeals · 1882
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Case v. . PhelpsNew York Court of Appeals · 1868
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3Cited by55 opinions
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
- Greenwald v. . WalesNew York Court of Appeals · 1903
- Davis v. Seneca Falls Mfg. Co.Court of Appeals for the Second Circuit · 1927
- Hickok v. CowperthwaitAppellate Division of the Supreme Court of the State of New York · 1909
- Altman v. FinkelAppellate Division of the Supreme Court of the State of New York · 1945
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