Marshall v. . Davies
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 16 Hun, 606.) This was an action to foreclose a mortgage executed by defendant Davies to plaintiff to secure the payment of the bond of Davies.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 16 Hun, 606.) This was an action to foreclose a mortgage executed by defendant Davies to plaintiff to secure the payment of the bond of Davies. The bond and mortgage were given February 1, 1871, for $16,000, payable February 1, 1874. On the 3d day of October, 1871, Davies conveyed the mortgaged premises to defendant Leslie, who assumed the payment of such mortgage. In October,…
1Opinion of the CourtBapallo, J.
As the order of the General Term does not state that the reversal was on any question of fact, it cannot be sustained unless it be made to appear that some error of law was committed by the trial judge. The ease came before the General Term on appeal from the judgment, and exceptions, only, and it had no discretionary power to order a new trial in the absence of legal error.
The only exception to rulings at the trial, which has been argued, is that taken by the defendant to the exclusion of the question to him, on his being -recalled after the plaintiff had rested, whether he had had…
2Cases cited2 opinions
- Marsh v. PikeNew York Court of Chancery · 1844
- Hastings v. PalmerNew York Supreme Court · 1838
3Cited by70 opinions
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- People v. CrandallNew York Court of Appeals · 1986
- Seppala & Aho Construction Co. v. PetersenMassachusetts Supreme Judicial Court · 1977
- People v. BlairNew York Court of Appeals · 1997
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