Peck v. . Peck
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 13, 1886, which denied a motion, made under section 1001 of the Code of Civil Procedure, for a new trial and affirmed an interlocutory judgment herein. This action was brought for an accounting and partition. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 13, 1886, which denied a motion, made under section 1001 of the Code of Civil Procedure, for a new trial and affirmed an interlocutory judgment herein. This action was brought for an accounting and partition. The material facts are stated in the opinion. The defendant Theodore had the right to hold the mortgage which he purchased for $10,000, and upon which there was due between $16,000 and $17,000, for the full amount thereof. (Wells v. Chapman, 4 Sand. Ch. 312.) Ernest could not claim the…
1Opinion of the CourtPeokham, J.
The learned counsel for the appellants has, with a most commendable desire to bring to an early termination this unfortunate litigation, waived all his exceptions taken upop, the trial which do not directly bear upon the merits of the important matters in dispute between the parties, and both counsel have united in submitting for our determination the three main subjects of dispute upon which the parties are wholly unable to agree.
1. The first question that arises is in regard to what rights Gordon Peck obtained by the redemption under the judgment confessed by Ernest, the plaintiff’s…
2Cases cited5 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Ryan v. . DoxNew York Court of Appeals · 1866
- Van Horne v. FondaNew York Court of Chancery · 1821
- Levy v. . BrushNew York Court of Appeals · 1871
- Mandeville v. SolomonCalifornia Supreme Court · 1870
3Cited by12 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Clute v. . CluteNew York Court of Appeals · 1910
- Fleischer v. TerkerNew York Court of Appeals · 1932
- Adamson v. AdamsonAppellate Division of the Supreme Court of the State of New York · 1937
- Harras v. HarrasWashington Supreme Court · 1910
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