Mathews v. Damainville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ludovic A. Damainville and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of June, 1904, upón the decision of the court, rendered after a trial at the New York Special Term, directing a foreclosure and. sale. ■
1DissentPatterson, J.
The defendants appeal from á judgment of foreclosure and sale which was entered in favor of the plaintiff after a trial of the action at Special Term. On the trial the following facts were established: 'The plaintiff is the assignee of an instrument executed by Harriette S. D. Bomeyn in favor of the firm of Mathews, Grange & Co., in and by which instrument it is declared that she was indebted to Mathews, Grange & Co. in the sum of $2,000, and that she held and bound herself to pay that firm such sum of money. The instrument is in the form of a bond, but it also contains a statement that the…
2Cases cited5 opinions
- Parkist v. AlexanderNew York Court of Chancery · 1815
- Hunt v. . JohnsonNew York Court of Appeals · 1859
- Todd v. EighmieAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Mathews v. WoodruffAppellate Division of the Supreme Court of the State of New York · 1902
- Watkins v. VroomanNew York Supreme Court · 1889