Bascombe v. Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Thomas Bascombe and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Bichmond on the 24th day of March, 1908, upon the decision of the court, rendered after a trial at the Bichmond Special Term, dismissing the complaint in a suit brought to establish that a deed is a mortgage.
1Opinion of the Court
Jenks, J.:
We cannot reverse the court upon the facts unless the proof so clearly preponderated to an adverse conclusion that it could be said with reasonable certainty that the court erred in its conclusions. (Stokes v. Stokes, 155 N. Y. 581; Foster v. Bookwalter, 152 id. 166; Lowery v. Erskine, 113 id. 52.) This we cannot say. In Wilson v. Parshall (129 N. Y. 225) the court, per Earl, J., say : “ The security of titles and sound public policy require that a party alleging that a deed absolute in form is, nevertheless, a mortgage, *517should show it by very satisfactory evidence, and where he…
2Cases cited12 opinions
- Howland v. BlakeSupreme Court of the United States · 1878
- Stokes v. . StokesNew York Court of Appeals · 1898
- Ensign v. . EnsignNew York Court of Appeals · 1890
- Coyle v. DavisSupreme Court of the United States · 1885
- Cadman v. PeterSupreme Court of the United States · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In the Matter of 716 Third Avenue Holding Corp., Bankrupt. Jeremiah F. Cross, Trustee-Appellant v. A.G v. Associates, Inc.Court of Appeals for the Second Circuit · 1964
- Kredietbank, N v. v. ESIC Capital Corp. (In Re Rosner)United States Bankruptcy Court, E.D. New York · 1985
- Charles T. Streeter Construction Co. v. KennyAppellate Division of the Supreme Court of the State of New York · 1924
- Bullock v. BeckerNew York Supreme Court · 1965
- In re the City of New YorkNew York Supreme Court · 1938
7 more not listed; retrieve them via the Exa API.