Hildebrant v. . Crawford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme court in the third judicial department, affirming a judgment in favor of plaintiff in the action first above entitled, and of the defendants in the action second entitled, entered upon the report of a referee. (Reported below, 5 Bans., 502.) The nature of the actions and the facts are sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme court in the third judicial department, affirming a judgment in favor of plaintiff in the action first above entitled, and of the defendants in the action second entitled, entered upon the report of a referee. (Reported below, 5 Bans., 502.) The nature of the actions and the facts are sufficiently set forth in the opinion. The evidence" of Hildebrant as to the consent of Bidder in a conversation with him and Kellogg to his paying for the house and lot in produce, was inadmissible and fatal to the recovery. (Fore v. Clark, 61 Barb., 216 ;…
1Opinion of the Court
Reynolds, C.
These two actions were tried as one, and disposed of by a single judgment, and come here upon a single appeal by Crawford, the plaintiff in one and the defendant in the other action. The one was brought by Crawford, as survivor, to foreclose a mortgage, and the other by Hildebrant, for the balance of an account which he alleged to be his due.
The referee, before whom the eases were tried as one, found that Hildebrant, being indebted to the firm of Bidder, Crawford & Palmer in the sum of $800, on the 18th of July, 1857, assigned the mortgage of Theodore Hildebrant, sought to be…
2Cases cited1 opinion
- Cary v. . WhiteNew York Court of Appeals · 1874
3Cited by14 opinions
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Griswold v. . HartNew York Court of Appeals · 1912
- Wollman v. RuehleWisconsin Supreme Court · 1899
- Sackman v. ThomasWashington Supreme Court · 1901
- Dellefield v. Blockdel Realty Co.Court of Appeals for the Second Circuit · 1942
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