Wallis v. . Randall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant Randall entered upon a verdict. (Reported below, 16 Hun, 83.) The nature of the action and the facts are sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant Randall entered upon a verdict. (Reported below, 16 Hun, 83.) The nature of the action and the facts are sufficiently set forth in the opinion. Whether the $4,800 mortgage was taken as a payment on the contract or as a security therefor, being the sole issue, evidence of the value of the farm was immaterial and calculated to have a mischievous and improper effect upon the jury. (Newman v. Goddard, 5 N. Y. Sup. Ct. 301; Stokes v. People, 53 id. 164;…
1Opinion of the CourtEarl, J.
This action was brought to recover the balance due the plaintiff upon the sale by him of certain real estate to the defendant Randall and to Edward Pierce who is named as a defendant, but was not served with process, and who is therefore not a party to the action. The defense litigated was that Randall and Pierce caused a certain mortgage to be executed by other parties to the plaintiff, which he received in payment of the amount due him.
It was undisputed on the trial that the alleged mortgage was executed, and taken by the plaintiff, but he claimed that he received it only as security for…
2Cases cited4 opinions
- Sweet v. . TuttleNew York Court of Appeals · 1856
- Green v. . DisbrowNew York Court of Appeals · 1874
- Richmondville Union Seminary v. . McDonaldNew York Court of Appeals · 1866
- Frost & Bentley v. BenedictNew York Supreme Court · 1855
3Cited by10 opinions
- Pape v. WrightIndiana Supreme Court · 1889
- Willoughby v. IrishSupreme Court of Minnesota · 1886
- People v. AcritelliNew York Court of General Session of the Peace · 1908
- Ostrander v. SnyderNew York Supreme Court · 1893
- People v. RoseNew York Supreme Court · 1889
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