Nickell v. . Tracy
New York Court of Appeals
Appeal from a j udgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1905, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a j udgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1905, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment must be reversed for the reason that it is inconsistent with the findings made in the decision in favor of the plaintiff’s contention. (Schwinger v. Raymond, 83 N. Y. 192; Wahl v. Barnum, 116 N. Y. 87; Kelly v. Leggett, 122 N. Y. 87; T. Nat.…
1Opinion of the CourtEdward T. Bartlett, J.
This action is brought to foreclose a mortgage and to reform the same by correcting the description and certain alleged clerical errors.
In October, 1849, Boyden and wife executed and delivered to Hadley their certain bond for four hundred dollars payable in three years from date, with interest at seven per cent. As collateral security for the payment thereof the obligors executed and delivered to Hadley the mortgage in suit covering premises m the town of Darien, Genesee county. In February, 1851, Boyden and wife conveyed the mortgaged premises to Evan Bice. Thereafter Evan Bice died…
2Cases cited4 opinions
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Schwinger v. . RaymondNew York Court of Appeals · 1880
- Bonnell v. . GriswoldNew York Court of Appeals · 1882
3Cited by5 opinions
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
- Whalen v. . StuartNew York Court of Appeals · 1909
- City of Buffalo v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- City of Buffalo v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Nicoud v. New York Life Ins.Appellate Division of the Supreme Court of the State of New York · 1909