Holcomb v. Campbell
New York Supreme Court
Appeal from a judgment entered upon the report of a referee in favor of the plaintiff.
1Opinion of the CourtBocices, J.
This is an appeal by the defendant from a judgment against him, directed by a referee, declaring the mortgage in controversy between the parties satisfied and discharged by payment of the mortgage debt.
The sole question litigated before the referee was that of payment. He found in favor of the plaintiff, that the debt secured by the mortgage had been fully paid, and directed that the mortgage be canceled of record. We cannot with propriety, as we think, reverse the judgment on the ground that the finding of fact by the referee is without evidence in its support, or that it is against the…
2Cases cited4 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Von Sachs v. . KretzNew York Court of Appeals · 1878
- Smith v. SchanckNew York Supreme Court · 1854
- Prouty v. PriceNew York Supreme Court · 1867