Mutual Life Insurance v. Cranwell
New York Supreme Court
Appeal from special term, Oneida county. Foreclosure by the Mutual Life Insurance Company of New York against Margaret Cranwell, George W. Cranwell, Charles C. Kellogg, Patrick F. Bulger, Benjamin R. Robson, Erastus Z. Wright, George S. Dana, Eliza Ross, and Eliza K. Ross. From a judgment of foreclosure for $15,847.58 the defendant Margaret Cranwell appeals.
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Appeal from special term, Oneida county. Foreclosure by the Mutual Life Insurance Company of New York against Margaret Cranwell, George W. Cranwell, Charles C. Kellogg, Patrick F. Bulger, Benjamin R. Robson, Erastus Z. Wright, George S. Dana, Eliza Ross, and Eliza K. Ross. From a judgment of foreclosure for $15,847.58 the defendant Margaret Cranwell appeals. In the notice of appeal, it is stated: “The appellant intends to bring up for review upon such appeal, and also hereby appeals from, the order of the supreme court allowing said judgment, and denying said motion to vacate the order of…
1Opinion of the CourtHardin, P. J.
1. We are of the opinion that there'was abundant evidence •before the referee to warrant his finding, as a matter of fact, that the action which was commenced by the plaintiff, in 1886, to foreclose the mortgages ■now in suit, was settled and discontinued prior to the commencement of this notion. See folios 436, 439, 443, 446, 454, 457, and the stipulation signed by Ward Hunt, then plaintiff’s attorney, .dated December 3, 1886, found at page 92J of the appeal-book, and the order entered thereon in the Oneida *407county clerk’s office in pursuance of the stipulation canceling the notice of the…
2Cases cited7 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Smith v. HiltonNew York Supreme Court · 1888
- Jones v. GrantNew York Court of Chancery · 1843
- Wormer v. CanovanNew York Supreme Court · 1872
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