Legal Opinion

Salmon v. Norris

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1904Published

Appeal from Special Term, Kings County. Action by Hamilton H. Salmon and others against Charles J. Norris, impleaded with others. From a judgment in favor of defendant Norris, plaintiffs appeal. Affirmed.

1Opinion of the CourtWillard Bartlett, J.

This is the second time this case-has been before this court. The nature of the action is sufficiently stated in our opinion upon the first appeal. Salmon v. Norris, 82 *781App. Div. 362, 81 N. Y. Supp. 892. Upon the evidence in the record then before us we held that the mortgage' assigned by Rosenberg to Norris had precedence over the plaintiffs’ mortgage, but that the plaintiffs’ mortgage had precedence over the mortgage assigned by Chapman to Norris to the extent of the sales actually made by the plaintiffs. Upon the second trial, now under review, however, the learned judge at Special Term…

2Cases cited2 opinions

  1. Salmon v. NorrisAppellate Division of the Supreme Court of the State of New York · 1903
  2. Salmon v. NorrisAppellate Division of the Supreme Court of the State of New York · 1903

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