Moloney v. . Nelson
New York Court of Appeals
Appeal from a judgment and order of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1896, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to foreclose a mortgage. The facts, so far as material, are stated in the opinion. The judgment of the Court of Appeals is a bar to recovery in this action.
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Appeal from a judgment and order of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1896, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to foreclose a mortgage. The facts, so far as material, are stated in the opinion. The judgment of the Court of Appeals is a bar to recovery in this action. It is not claimed that it is a bar upon the ground of res adjudicata, but by virtue of the stipulation given by the plaintiff in the former action. (Rose v. Hawley, 141 N. Y.…
1Opinion of the Court
Parker, Ch. J.
By the judgment under review a mortgage given by the appellant ¡Nelson was foreclosed. The defenses interposed by him upon the trial, and relied upon here, are:
1. The stipulation given by the plaintiff on the appeal to this court in a prior action brought to foreclose the mortgage is a bar to the recovery in this action.
2. The bond and mortgage having been given to indemnify bail in a criminal case, they are void, because contrary to public policy.
The essential facts are that Kelson offered himself as bail for one O’Brien, who had been arrested for a felony and held to bail in…
2Cases cited4 opinions
- Converse v. . SicklesNew York Court of Appeals · 1895
- Maloney v. . NelsonNew York Court of Appeals · 1894
- Rose v. . HawleyNew York Court of Appeals · 1894
- Roberts v. . BaumgartenNew York Court of Appeals · 1891
3Cited by28 opinions
- Alco Gravure, Inc. v. Knapp FoundationNew York Court of Appeals · 1985
- Leary v. United StatesSupreme Court of the United States · 1912
- Foster v. Englewood Hospital Ass'nAppellate Court of Illinois · 1974
- Canfield v. Elmer E. Harris & Co.New York Court of Appeals · 1930
- Buchholz v. United States Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1945
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