Mitchell v. Cook
New York Supreme Court
THIS was an appeal from a judgment rendered at a special term. The action was brought for the foreclosure of a mortgage, and the judgment was in favor of the plaintiff.
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THIS was an appeal from a judgment rendered at a special term. The action was brought for the foreclosure of a mortgage, and the judgment was in favor of the plaintiff. The following opinion was given by the judge who decided the cause at the special term: S. B. Strong, J. “ This is an action to foreclose a mortgage given by the defendants, Cook and wife, to Elisha Crawford, and eventually assigned by him, and also by the White Plains Bank, of which he had been president, to the plaintiff. The mortgage was dated on the 4th of September, 1844, and given to secure the payment of fourteen…
1Opinion of the Court
By the Court, Brown, J.
The judgment of the court of appeals, in the suit originally instituted in the late court of chancery, between Minott Mitchell, complainant, and Miles Cook and Bhoda his wife, defendants, (a) is not a bar to this action. Ifris not an adjudication between the same parties for the same cause of action. The complainant failed upon his title to the subject in controversy, and not upon the merits, as against the defendants. The bill in that suit was filed by the same plaintiff, against the same defendants, to foreclose the same indenture of mortgage as in the present suit.…
2Cited by5 opinions
- Wisconsin v. TorinusSupreme Court of Minnesota · 1881
- McClenahan v. . CottenSupreme Court of North Carolina · 1880
- Marks v. StevensSupreme Court of Oklahoma · 1918
- Mitchell v. . CookNew York Court of Appeals · 1852
- Continental Ins. v. BusbyCourt of Appeals of Texas · 1886