Read v. . Knell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 29, 1893, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term which granted a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. Plaintiff’s complaint was-properly dismissed by the trial court. (Code Civ.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 29, 1893, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term which granted a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. Plaintiff’s complaint was-properly dismissed by the trial court. (Code Civ. Pro. §§ 446, 447, 448, 449, 452; Simpson v. Satterlee, 64 N. Y. 657; Sherman v. Parish, 53 id. 483; Van Epps v. Van Dusen, 4 Paige, 64.) The court at Special…
1Opinion of the CourtFinch, J.
The plaintiff brought this action to foreclose a mortgage upon the premises described in his complaint. The mortgage was originally given by one Ambruster to Elizabeth Read to secure the payment of seventeen hundred dollars, and the mortgagor thereafter conveyed the land to the defendants Knell and wife. Elizabeth Read died intestate, and the plaintiff was duly appointed administrator of her personal estate. As such and in his official character he assigned the mortgage to a third person, by whom it was at once assigned back to the plaintiff as an individual, and he in due season brought this…
2Cited by4 opinions
- Chorrmann v. BachmannAppellate Division of the Supreme Court of the State of New York · 1907
- Tyson v. BraySupreme Court of Georgia · 1903
- Smith v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1899
- Dugan v. SharkeyAppellate Division of the Supreme Court of the State of New York · 1903