Van Tassel v. . Wood
New York Court of Appeals
This ivas an action to foreclose a mortgage. The defendant Wood, a subsequent incumbrancer, set up the defense of usury. The trial court found against this defense and granted the usual decree of foreclosure. The General Term, in effect, reversed the judgment, so far as Wood was concerned, i. e:, it modified the judgment by inserting a clause to the effect that Wood was entitled to a priority of lien over the mortgage.
Read the full summary
This ivas an action to foreclose a mortgage. The defendant Wood, a subsequent incumbrancer, set up the defense of usury. The trial court found against this defense and granted the usual decree of foreclosure. The General Term, in effect, reversed the judgment, so far as Wood was concerned, i. e:, it modified the judgment by inserting a clause to the effect that Wood was entitled to a priority of lien over the mortgage. It was not stated in the order of General Term that the reversal was upon questions of fact. Held, that the reversal here must be justified by some error of law (New Code, §…
1Per curiam
opinion for reversal of order of General Term and affirmance of judgment of Special Term.
All concur.
Judgment accordingly.
2Cited by3 opinions
- Inglehart v. . Thousand Island Hotel Co.New York Court of Appeals · 1888
- Dunn v. HuntNew York Supreme Court · 1890
- Prosser v. First National BankNew York Court of Appeals · 1887