Bolles v. Duff
New York Supreme Court
This was an action of an equitable nature, and upon an interlocutory decision of Mr. Justice Potter, at special term, that the defendant was a mortgagee in possession, liable to account as such, a reference was ordered to take and state the account, reserving the questions of costs, and all questions except those settled by the interlocutory decision, until the coming in of the report.
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This was an action of an equitable nature, and upon an interlocutory decision of Mr. Justice Potter, at special term, that the defendant was a mortgagee in possession, liable to account as such, a reference was ordered to take and state the account, reserving the questions of costs, and all questions except those settled by the interlocutory decision, until the coming in of the report. Pendan >• the accounting, the defendant’s attorneys served a case and exceptions, with notice that a motion for a new trial would be made thereon, and the case was called at the April general term. The facts…
1Opinion of the Court
By the Court.*—Sutherland, J.
When this case was called at the last April general term, upon the plaintiff’s appearing and answering, by his attorney and counsel, Mi*. Thayer, and upon no one appearing or answering for the defendant Duff, and upon Mr. Thayer’s expression of a disinclination to take, the defendant Duff’s default, and asking the court to permit him to submit his printed points, with copies of the -case and other papers, with permission for the attorneys or counsel of the defendant Duff also to submit printed points, with such other papers as they might wish to submit, the court…
2Cases cited1 opinion
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
3Cited by6 opinions
- Needham v. HalversonNorth Dakota Supreme Court · 1912
- Lapham v. OsborneNevada Supreme Court · 1888
- Rochester Distilling Co. v. O'BrienNew York Supreme Court · 1893
- Scognamillo v. PassarelliAppellate Division of the Supreme Court of the State of New York · 1913
- Ellis v. WoodNew York Supreme Court · 1919
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