Wellington v. . Kelly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 6, 1880, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a contract dated January 26, 1874,’made between Joseph F. Hill, plaintiff’s assignor, and Morris Brown and Nelson Thompson, the original defendants herein.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 6, 1880, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought upon a contract dated January 26, 1874,’made between Joseph F. Hill, plaintiff’s assignor, and Morris Brown and Nelson Thompson, the original defendants herein. Brown haying died during the pendency of the action, his executors were substituted as defendants in his stead. The facts are sufficiently set forth in the opinion. The…
1Opinion of the CourtAndrews, J.
The agreement of January 26,1874, between Joseph F. Hill, and the original defendants, recites the execution of a mortgage by Brown to Joseph Fellows, which John Heermans as trustee was seeking to foreclose and collect, and that one Hiram W. Bostwick, a receiver appointed by the Supreme Court, had theretofore as receiver satisfied and discharged the mortgage and delivered it together with the satisfaction-piece to Hill, upon payment of the amount due. This recital is followed by the agreement of the respective parties. Hill, on his part, agrees to furnish to Brown the papers and evidence…
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