Mackall v. Olcott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jacob Van Vechten Olcott and another, from a final judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of blew York on the 18th day of December, 1903, upon the report of. a referee theretofore appointed pursuant to an interlocutory judgment in favor of the plaintiffs entered in said clerk’s office, on the 5th day of May, 1903, upon the decision of the court, rendered after a trial . at the Hew…
Read the full summary
Appeal by the defendants, Jacob Van Vechten Olcott and another, from a final judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of blew York on the 18th day of December, 1903, upon the report of. a referee theretofore appointed pursuant to an interlocutory judgment in favor of the plaintiffs entered in said clerk’s office, on the 5th day of May, 1903, upon the decision of the court, rendered after a trial . at the Hew York Special Term, with notice bf an intention to bring up for review upon such appeal the said interlocutory judgment.
1Opinion of the Court
Hatch, J. :
This action was brought to establish a trust and to. compel the defendants to account to the plaintiffs. It was shown upon the trial that the plaintiff Brooke Mackall was the owner of certain real property in the city of Washington, D. 0. In 1895 he and his wife, Jennie W. Mackall, executed a deed of trust, or. mortgage, upon the property to secure the payment of $65,000, with interest ' thereon at the rate of five and one-half per cent per annum. Brooke Mackall became ill and for a considerable period was unable to pay the interest due upon the mortgage. The holder, a Mr.…
2Cases cited3 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Ryan v. . DoxNew York Court of Appeals · 1866
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
3Cited by4 opinions
- M. L. Stewart & Co. v. MarcusNew York Supreme Court · 1924
- Congregation Kehal Adath Jeshurun M'Yassy v. Universal Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Erbe v. Lincoln Rochester Trust Co.New York Supreme Court · 1956
- Fletcher v. Manhattan Life InsuranceNew York Supreme Court · 1921