Benedict v. . Arnoux
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1896, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, and awarding judgment absolute in favor of the defendants Campbell. The nature- of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1896, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, and awarding judgment absolute in favor of the defendants Campbell. The nature- of the action and the facts, so far as material, are stated in the opinion. The sale and conveyance to George T. Arnoux was deemed by the executors to be in the interest of the estate. It was absolute in terms, complied with the will, and came within the power which the will…
1Opinion of the CourtHaight, J.
This action was brought to foreclose a mortgage for $16,500 on property known as No. 64 South Fifth avenue in the city of New York, made by the defendant George T. Arnoux to the late Edwin Booth. The trial court found as facts that the plaintiffs, as executors of the last will and testament of Edwin Booth, deceased, were the owners of the bond and mortgage mentioned in the complaint; that default has been made in the payment of the interest due thereon, and that the whole sum secured by the mortgage by reason thereof has become due and payable. He also found as facts that George T. Arnoux,…
2Cases cited19 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- King v. . BarnesNew York Court of Appeals · 1888
- Henry v. . AllenNew York Court of Appeals · 1896
- Whitehead v. . KennedyNew York Court of Appeals · 1877
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3Cited by85 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Center v. Hampton Affiliates, Inc.New York Court of Appeals · 1985
- Farr v. NewmanNew York Court of Appeals · 1964
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Lopez v. . CampbellNew York Court of Appeals · 1900
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