Gleason v. Hamilton
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Lucius Gleason against Fannie M. Hamilton. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals.
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Appeal from circuit court, Onondaga county. Action by Lucius Gleason against Fannie M. Hamilton. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Action to foreclose a mortgage bearing date January 13, 1885, on property on James street, Syracuse, described in the complaint, executed by the defendant; acknowledged before John C. Keeffe, notary public, whose certificate of acknowledgment bears date 13th of January, 1885. The mortgage was recorded March 23, 1885. The consideration named in the mortgage was $30,-000. The condition in the mortgage,…
1Opinion of the CourtHardin, P. J.
Evidence given before the circuit and before the special term satisfactorily establishes the fact that the plaintiff had no knowledge of the making of the alleged alteration prior to the commencement of this action; and that such alteration and addition were made without his personal request or procurement, and without any fraudulent intent on his part. The evidence and findings are entirely satisfactory that the plaintiff did not and does not rely upon the disputed words to cover the indebtedness for which the mortgage is sought to be enforced. Under such circumstances, if it be assumed that…
2Cases cited11 opinions
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Benedict v. . CowdenNew York Court of Appeals · 1872
- Waring v. SmythNew York Court of Chancery · 1847
- Hammond v. . MorganNew York Court of Appeals · 1886
- Bigelow v. StilphenSupreme Court of Vermont · 1863
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3Cited by1 opinion
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939