Chapin v. . Thompson
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 4, 1880, which affirmed a judgment entered upon a decision of the court on trial at Special Term, and affirmed an order denying a motion for a new trial.
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Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 4, 1880, which affirmed a judgment entered upon a decision of the court on trial at Special Term, and affirmed an order denying a motion for a new trial. This action was brought to foreclose a mortgage for the sum of $6,000, executed September 12, 1876, by the defendant Thompson, to one Abiel E. Helmer, and assigned by Helmer, on the 5th day of April, 1878, to the plaintiff. Thompson defended the action upon the ground of usury. In July, 1878, by order of the…
1Opinion of the CourtDamfobth, J.
Exceptions taken upon the trial of specific questions of fact arising in an equity action, and ordered to be answered by a jury should be presented for review before final judgment. This was held upon a former appeal involving the precise question (80 N. Y. 275), and need not again be considered. Hot only did the plaintiff fail to pursue this course, but he himself produced the verdict before the Special Term, and asked for judgment in the action. The defendant did the same, and prevailed. The judgment thus founded in part upon the verdict of the jury was in fact rendered by the court in…
2Cases cited16 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Green v. HartNew York Supreme Court · 1806
- Robinson v. . RyanNew York Court of Appeals · 1862
- In Re the Assignment of LewisNew York Court of Appeals · 1880
- Fanning v. DunhamNew York Court of Chancery · 1821
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3Cited by15 opinions
- Carroll v. . BullockNew York Court of Appeals · 1913
- Olmsted v. RichNew York Supreme Court · 1889
- Aldrich v. AldrichAppellate Court of Illinois · 1931
- Bates v. ChesebroWisconsin Supreme Court · 1873
- Reagan v. First National BankIndiana Supreme Court · 1901
10 more not listed; retrieve them via the Exa API.