New York Life Ins. Co. v. . Casey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July Y, 1903, upon an order reversing as to the respondent herein a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July Y, 1903, upon an order reversing as to the respondent herein a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was commenced to foreclose a mortgage, executed by the defendant, John Casey, to the plaintiff to secure the payment of his bond for the sum of $24,000, and cover-» ing certain real property situated in the city of New Tork. The bond was to become due on April 5th, 1902, and Lore interest at the rate of five per…
1DissentWerner, J.
Upon this appeal it must be presumed that the judgment entered upon the decision of the trial court was reversed upon the law and not upon the facts. (Code Civ. Pro. Sec. 1338.)
As none of the rulings upon evidence are presented for our consideration, and as the trial court’s conclusions of law are clearly supported by the facts found, the only question that survives for our decision is whether any material finding of fact is without evidence to support it. (Nat. Harrow Co. v. Bement & Sons, 163 N. Y. 505.)
The learned Apjiellate Division seems to have based its decision upon two grounds: (1)…
2Cases cited25 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Murray v. . MarshallNew York Court of Appeals · 1884
- Cary v. . WhiteNew York Court of Appeals · 1873
- Smith v. United StatesSupreme Court of the United States · 1865
- Cambridge Savings Bank v. HydeMassachusetts Supreme Judicial Court · 1881
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