Kane v. . Cortesy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made January 23, 1883, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a guaranty by defendants of payment of a bond and mortgage executed by one Prentice.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made January 23, 1883, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a guaranty by defendants of payment of a bond and mortgage executed by one Prentice. Defendants set up as a defense among others a release by means of an agreement made without their knowledge or assent between plaintiff and the mortgagor, to extend the time of payment in consideration of the giving by the latter of a chattel mortgage as additional security. The referee…
1Opinion of the CourtEarl, J.
If the order of the General Term had specified that the judgment entered upon the report of the referee was reversed, both upon the law and the facts, the case would have been free from doubt upon this appeal. But as the reversal was for error of law only, the evidence must be carefully scrutinized to see if there was any which in law was sufficient to sustain the judgment.
There were but three witnesses who testified — Prentice, the mortgagor, Matthews, plaintiff’s agent, and Griswold, the attorney who drew the chattel mortgage — concerning the alleged agreement'extending the time of payment…
2Cited by17 opinions
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