Preston v. Arthur
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles ¡M¡. Preston, as receiver,. etc., from a judgment of the Supreme Court in favor of the defendants Albee, entered in the office of the clerk of the county of New York ón the 18th day.óf December, 1906, upon the report- of a referee.
1Opinion of the Court
Clarke, J.;
This action was tried before the same refere'e and at the same time as actions Nos. 2 and 3*, opinions wherein are herewith handed ¡down, and presented' the same general features, the mortgage foreclosed being upon a house, adjacent to the two covered by the former actions. -
In this case the referee excluded all the documentary evidence and made similar findings to those considered in the two prior cases, including the finding as to the appointment and qualification of ■ Preston as receiver, the evidence to establish which he had excluded.
This judgment must also be reversed and a…
2Cases cited1 opinion
- Preston v. AlbeeAppellate Division of the Supreme Court of the State of New York · 1907