Loeb v. . Willis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The nature of the action and the material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The nature of the action and the material facts are set forth in the opinion. The findings at Special Term, and the decree thereupon entered in an action to foreclose a mortgage collateral to the bond, which is the subject of this action, are not res adjudicaba, and do not constitute an estoppel in this action, the said decree having been vacated, and said…
1Opinion of the CourtEarl, J.
In January, 1875, the defendant Willis took a deed of real estate in the city of New York, from S. T. Meyer, which was incumbered by a mortgage held by A. T. Meyer, and he assumed and agreed to pay such mortgage. A. T. Meyer, the mortgagee, subsequently assigned the mortgage to the plaintiff, and he commenced an action to foreclose the same, making S. T. Meyer, the mortgagor, and Willis and others defendants. Willis interposed an answer to the action and appeared upon the trial thereof and defended the same upon the merits. The plaintiff recovered in the action the usual foreclosure judgment,…
2Cases cited3 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
- Leonard v. BarkerNew York Supreme Court · 1848
3Cited by57 opinions
- Bryan v. SmithCourt of Appeals for the Seventh Circuit · 1949
- Chattanooga, Rome & Columbus Railroad v. JacksonSupreme Court of Georgia · 1891
- Scherff v. Missouri Pacific Railway Co.Texas Supreme Court · 1891
- Brown v. . Cleveland Trust Co.New York Court of Appeals · 1922
- Murphey v. BrownArizona Supreme Court · 1909
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