Jenkins v. Bishop
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simon Bishop, from an order of the Supreme Court, made at the Washington Special Term and entered in the office of the clerk of the county of Washington on the 29 th day of April, 1.909, denying the said defendant’s motion to resettle the proposed case on appeal herein.
1Opinion of the Court
Cochrane, J.:
The action is for the foreclosure of a mortgage. The defense is ' that plaintiff holds the mortgage as agent or trustee, for the appellant, and that the amount due thereon is less than the amount claimed by plaintiff, Plaintiff prevailed at the trial. The agreement of the agency between plaintiff and appellant is claimed by the. latter to have been made in his behalf by his son Frank Bishop. The latter, as a witness at the trial, for the purpose of showing his ■ authority to make in behalf of his father the alleged contract with plaintiff whereby the latter took the mortgage as…
2Cases cited3 opinions
- Zimmer v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- McMahon v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Goldenson v. LawrenceCity of New York Municipal Court · 1892
3Cited by3 opinions
- Waterman v. StateNew York Court of Claims · 1962
- M. Silberman, Inc. v. AbramsAppellate Terms of the Supreme Court of New York · 1924
- Taylor v. AllenAppellate Terms of the Supreme Court of New York · 1916