Putnam v. Crombie
New York Supreme Court
APPEAL from an order of the Monroe county court, granting the plaintiff's application for a new trial. The action was for the foreclosure of a mortgage made by the defendant, John Crombie, to John Fairbanks and the defendant, James Connolly, for the purchase money of the property therein described.
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APPEAL from an order of the Monroe county court, granting the plaintiff's application for a new trial. The action was for the foreclosure of a mortgage made by the defendant, John Crombie, to John Fairbanks and the defendant, James Connolly, for the purchase money of the property therein described. The complaint alleged the transfer by John Fairbanks of his interest in the mortgage, to James Connolly, and the assignment of the same by James Connolly to the plaintiff, with a guaranty of payment. The defendant Crombie defended, upon the ground that Connolly, acting for himself and in behalf of…
1Opinion of the Court
By the Court, Johnson, J.
I am clearly of the opinion that there must be, in this case, a trial of the issues de novo, irrespective, wholly, of any question considered by the county judge, or discussed by counsel in their points upon the argument. The trial had, in fact and in law, never been finished when the county judge, before whom the parties were proceeding, went out of office, and there was, consequently, nothing to review. Upon a trial of issues of fact there can be no review, on a motion for a new trial, until there has been somé *237determination of such issues, upon which a judgment may…
2Cited by10 opinions
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- Neyens v. FlesherIndiana Court of Appeals · 1907
- Company A, First Regiment North Dakota National Guard Training School v. StateNorth Dakota Supreme Court · 1927
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