Kilmer v. . Hathorn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third j udicial department, dismissing the appeal of certain of the defendants from the judgment entered herein. An action was brought by Augustus Boches, as one of three trustees, of a mortgage executed by Henry H. Hathorn and wife, on the Congress Hall premises in Saratoga Springs. The other two trustees, John C. Hulburt and Chauneey Kilmer, declined to be plaintiffs and were made defendants.
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Appeal from order of the General Term of the Supreme Court, in the third j udicial department, dismissing the appeal of certain of the defendants from the judgment entered herein. An action was brought by Augustus Boches, as one of three trustees, of a mortgage executed by Henry H. Hathorn and wife, on the Congress Hall premises in Saratoga Springs. The other two trustees, John C. Hulburt and Chauneey Kilmer, declined to be plaintiffs and were made defendants. Afterwards William B. Duel was substituted as trustee in the place of John C. Hulburt. Kilmer answered the complaint, setting up,…
1Opinion of the CourtFolger, J.
An order was made at General Term dismissing the appeal of certain of the defendants in this action, thereto from the judgment of a referee. The defendants did not stand alike before the court. Some had answered the complaint; some had demurred to it. But all the issues, both those of law and those of fact, were referred. The referee gave judgment against the defendants who now seek to appeal; against some of them upon a trial of the issues of fact raised by the answer; against some of them on the issues of law raised by the demurrer. There was one defendant, Augustus Bockes, as trustee,…
2Cases cited1 opinion
- Kelly v. . SheehanNew York Court of Appeals · 1879
3Cited by16 opinions
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- O'Brien v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
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