Taylor v. . Wing
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, reversing in part a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 23 Hun, 233.) The nature 6f the action and the facts appear sufficiently in the opinion. The respondent must stand here by the theory of his case, as presented by his answer and at the trial. (Home Ins.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, reversing in part a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 23 Hun, 233.) The nature 6f the action and the facts appear sufficiently in the opinion. The respondent must stand here by the theory of his case, as presented by his answer and at the trial. (Home Ins. Co. v. Transportation Co., 51 N. Y. 93, 96.) On the date of William L. Ferris, Jr.’s, assignment to Wing, the mortgage was not owned by Ferris; it…
1Opinion of the CourtEarl, J.
This is an action to foreclose two mortgages made by Lindley W. Ferris, since deceased, one for $2,000, given to Garret B. Conldin, Hay 1, 1867, and by him assigned to plaintiff’s testator February 8, 1869, and the other for §6,000, given at the latter date directly to the testator. It is undisputed that the principal sum of $8,000, and the interest thereon from the same date, less $120, is due upon these mortgages to the plaintiff. The controversy between these parties -grows out of two mortgages held by the defendant Wing, one of which is earlier and the other of which is later than…
2Cited by17 opinions
- Agency of Canadian Car & Foundry Co. v. American Can Co.Court of Appeals for the Second Circuit · 1919
- Ferris v. . HardNew York Court of Appeals · 1892
- Trimboli v. Scarpaci Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- In Re Realty Associates Securities CorporationCourt of Appeals for the Second Circuit · 1947
- Gelco Builders v. Simpson Factors Corp.Appellate Division of the Supreme Court of the State of New York · 1969
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