Noyes v. . Wyckoff
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of September, 1883, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of September, 1883, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The fact that the mortgage was given to secure a part of the consideration makes no difference with the right of a subsequent purchaser to extinguish the lien by tender. (Kortright v. Cady, 21 N. Y. 343; Tuthill v. Morris, 81 id. 99, 100:…
1Opinion of the CourtBrows, J.
This case comes to us upon an appeal by the plaintiff from an order of the General Term of the second judicial-department which reversed a judgment in his favor entered upon a report of a referee and directed a new trial. The plaintiff has given the usual stipulation for judgment absolute against him in case the order appealed from is affirmed. The defendant was the holder of a chattel mortgage upon a lot of iron ore lying upon a farm in New Jersey owned by Elizabeth Fitzgerald and known as the “ Styles farm.” The mortgage upon its face was given as- security for the payment of a promissory…
2Cases cited4 opinions
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Wood v. HitchcockNew York Supreme Court · 1838
- Roosevelt v. Bull's Head BankNew York Supreme Court · 1866
- MacKay v. . LewisNew York Court of Appeals · 1878
3Cited by25 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Lilienthal v. McCormickCourt of Appeals for the Ninth Circuit · 1902
- Foster v. . BookwalterNew York Court of Appeals · 1897
- Moore v. NormanSupreme Court of Minnesota · 1890
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