Knickerbocker Life Insurance v. Nelson
New York Court of Appeals
Appeal by plaintiff from an order of the general term of the second department of the supreme court affirming an order of special term, giving defendant leave to amend answer, and from a judgment; and also by defendants from a judgment granting a new trial. This was an action of foreclosure by the Knickerbocker Life Insurance Company against George W. Nelson, Ruea Nelson, Charles M. Watkins, and Philip Levy.
Read the full summary
Appeal by plaintiff from an order of the general term of the second department of the supreme court affirming an order of special term, giving defendant leave to amend answer, and from a judgment; and also by defendants from a judgment granting a new trial. This was an action of foreclosure by the Knickerbocker Life Insurance Company against George W. Nelson, Ruea Nelson, Charles M. Watkins, and Philip Levy. The plaintiffs sought to foreclose four mortgages, made by George W. Nelson, conveying land in Brooklyn, to secure the payment of $70,000, according to the conditions of four bonds…
1Opinion of the CourtDanforth, J.
[After stating the facts.]—The appeal by the defendants is to be first considered. It brings up for review the decision of the general term reversing the judgment of the special term, and granting a new trial upon questions of fact. We are therefore to examine the evidence and determine the issues of fact *174presented upon the trial (Godfrey v. Moses, 66 N. Y. 250). From this examination it appears that the defendant, George W. Nelson, had agreed to buy of one Herring some vacant lots in Brooklyn at the price of §45,000, and to obtain money to make the payments, applied to the plaintiffs for a…
2Cases cited26 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Lewis v. . SmithNew York Court of Appeals · 1854
- Simson v. . BrownNew York Court of Appeals · 1877
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
21 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bernheim v. DaggettNew York City Court · 1880