Hubbard v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank H. Brown and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 31st day of January, 1898, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 31st day of January, 1898, confirming said report.
1Opinion of the Court
Adams, J.:
This action is brought to foreclose a mortgage of $2,600, covering certain premises located on Try on place, in the city of Buffalo, and the principal defense thereto is usury.
The case was tried before a referee, who reported in favor of the plaintiff, and this court is now asked to reverse his findings of fact and the conclusions of law founded thereon, upon the ground that the same are clearly against the weight of- evidence.
*255This contention upon the part of the learned counsel for the appellants is one which is certainly not without merit; for there is much in the evidence tending…
2Cases cited1 opinion
- Stephens v. . VromanNew York Court of Appeals · 1857
3Cited by2 opinions
- In re SchefflerDistrict Court, W.D. New York · 1933
- Woarms v. BeckerAppellate Division of the Supreme Court of the State of New York · 1903