Bennett v. . Bates
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10,1882, which modified and affirmed as modified a judgment entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10,1882, which modified and affirmed as modified a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 26 Hun, 364.) The nature of the action and the material facts are stated in the opinion. „ The court erred in refusing to-find as a fact that Mary A. Bates, prior to and at the time of the conveyance to her of said premises, orally agreed, in consideration thereof, and as a part of the purchase-price, to take the conveyance…
1Opinion of the Court
Ruger, Ch. J.
The findings of fact made by the court below fully supported the judgment appealed from, and the appellant must fail, unless he can successfully assail those findings.
The action is brought by the plaintiff, as assignee, to foreclose a mortgage purporting to he for $15,000, given May 10,1876, by the defendant, Fannie K. Simons, to one Thomas E. Allen. This mortgage, with the bond accompanying it, was on May 11,1876, assigned by Allen to one Joseph W. Hill, and were assigned by the latter with a guaranty of their payment to the plaintiff on June 17, 1876. The findings of the court,…
2Cases cited14 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Kelly v. . RobertsNew York Court of Appeals · 1869
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3Cited by36 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Wilson v. . FordNew York Court of Appeals · 1913
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Green v. . RoworthNew York Court of Appeals · 1889
- Ferris v. . HardNew York Court of Appeals · 1892
31 more not listed; retrieve them via the Exa API.