Hiscock v. . Phelps
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Eeported below, 2 Lans. 106,) The action was brought for the foreclosure of two mortgages, originally in the name of James M. Cook; upon his death, the present plaintiff, his executor, was substituted. In May, 1866, Charles Gf.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Eeported below, 2 Lans. 106,) The action was brought for the foreclosure of two mortgages, originally in the name of James M. Cook; upon his death, the present plaintiff, his executor, was substituted. In May, 1866, Charles Gf. Kenyon, John P. Shumway, Peter Mumford and John S. Kenyon, residing at Baldwins-ville, Onondaga County, K. T., engaged, by parol, to enter into the business of manufacturing paper, under the…
1Opinion of the CourtPolgeb, J.
1st. The first point made here by the appellant is that there was a finding of fact made in the case, which is wholly unsupported by the evidence, and the contrary whereof was established by evidence.
The printed case shows but one exception taken to a finding of fact. It is the finding, “ that when Shumway applied to Phelps for the first two loans, he told him who were the members of the firm of Charles Gr. Kenyon & Co.”
It is not apparent how it would aid the appellant if this exception should be sustained. It is not very important whether he was informed who were the individual members of…
2Cited by12 opinions
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