Douglas v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Laurentine Y. Miller and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 31st day of January, 1901, upon the report of a referee.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed, with costs.
The action was to foreclose a mortgage upon real estate, dated Rovember 8, 1893, made by the defendant L. Y. Miller to the plaintiff’s bank to secure payment of a note for $2,500 of the same date, and the renewals thereof. The foreclosure was for the balance unpaid represented by a renewal note of $750, dated August 12, 1896. The defendant L. Y. Miller answered, alleging payment. The defendant Abram Miller answered, alleging payment and that the mortgage held by him dated August 6,1893, but not recorded until after the record of…
2Cases cited5 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Place v. . McIlvainNew York Court of Appeals · 1868
- Youngs v. . LeeNew York Court of Appeals · 1855
- De Lancey v. . StearnsNew York Court of Appeals · 1876
- Porter v. ThomAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Gabel v. Drewrys LimitedSupreme Court of Florida · 1953
- Douglas v. MillerAppellate Division of the Supreme Court of the State of New York · 1905
- Lake v. OldacreNew York Supreme Court · 1916