Wade v. . Strever
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 24, 1899, affirming a judgment in favor of defendant Miller entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. ’ The pleadings present a material issue between the plaintiff and the defendant Miller. (Parker v. Pullman & Co., 36 App.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 24, 1899, affirming a judgment in favor of defendant Miller entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. ’ The pleadings present a material issue between the plaintiff and the defendant Miller. (Parker v. Pullman & Co., 36 App. Div. 208; Emery v. Pease, 20 N. Y. 62.) The judgment decrees the falsity of a material allegation of the complaint without a trial, and is,…
1Opinion of the CourtMartin, J.
This action was to foreclose a mortgage given to secure the payment of four thousand dollars. The complaint, in addition to setting.up the usual facts in foreclosure, alleged that simultaneously with the execution of the plaintiff’s mortgage, two other mortgages were executed with the under-, standing that none of the three should have preference over the others. It then described the other two mortgages, and alleged that the defendant Miller owned one and the defendants Anna and William E. Smith as administrators were the owners of the other. Following was an allegation that all of the…
2Cases cited3 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Walker v. American Central InsuranceNew York Court of Appeals · 1894
- Bank of Orleans v. FlaggNew York Court of Chancery · 1848
3Cited by6 opinions
- Boehm v. BoehmAppellate Division of the Supreme Court of the State of New York · 1941
- Clark v. FullerNew York Supreme Court · 1930
- Citizens' Permanent Savings & Loan Ass'n v. RampeNew York County Court, Monroe County · 1909
- 210 West 56th Street Co. v. PantinakisNew York Supreme Court · 1925
- Parks v. Western Union Telegraph Co.Nevada Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.