Madison University v. White
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury, and from orders made at a Special Term denying a motion for a new trial, made upon the minutes of the judge before whom certain issues had been tried; denying a new trial, on the ground of surprise, and denying a motion to amend an order settling issues in the action.
1Opinion of the Court
Bocees, J.:
This action was brought to foreclose a mortgage given to secure the payment of $12,000 and interest, made by the defendants John L. White, Mary, his wife, and George C. White to the plaintiff, dated May 23, 1876. The mortgagors and the defendant Phebe A. Knight, a subsequent mortgagee, defended in the action, all interposing the defense of usury. The other defendants made no answer. Issue being joined the defendants who had answered moved for an order settling the issues to be tried by jury, and it was ordered that the following question should be tried, to wit:
*491First. Whether the…
2Cases cited8 opinions
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Williams v. . TiltNew York Court of Appeals · 1867
- Hixon v. StateTennessee Supreme Court · 1850
- Billington v. . WagonerNew York Court of Appeals · 1865
- Clarke v. . SheehanNew York Court of Appeals · 1872
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