Holcomb v. . Campbell
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 September 14, 1886, which Affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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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 September 14, 1886, which Affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to restrain certain proceedings, by advertisement, for the foreclosure of a mortgage given by George P. Holcomb and the plaintiff, his wife, to Henry H. and Ephraim Alderman, on the 19th of April, 1869, to secure the payment of $4,500 with annual interest. Fifteen hundred dollars of the principal was payable on the 19th of April, 1870, and the…
1Opinion of the CourtVann, J.
As the question of fact arising between the parties was decided by the referee in favor of the plaintiff, upon a conflict of evidence, and the General Term has affirmed his decision, we are not permitted by the statute defining the powers of this court to review his determination in that regard. (Code Civ. Pro. § 1337; Hynes v. McDermott, 91 N. Y. 451.)
The appellant, however, claims that certain evidence given by the plaintiff, upon which the referee is presumed to have based his main findings of fact, was erroneously received and insists that the judgment against her should be reversed on…
2Cases cited10 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Pinney v. . OrthNew York Court of Appeals · 1882
- Knapp v. . SimonNew York Court of Appeals · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Collins v. . ButlerNew York Court of Appeals · 1904
- Fegers Et Vir. v. Pompano Farms, Inc.Supreme Court of Florida · 1932
- Funson v. SalisburyAppellate Division of the Supreme Court of the State of New York · 1897
- Frank v. BrewerNew York Supreme Court · 1889
- Jarrard v. BissellNew York Supreme Court · 1889
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