Bigelow v. . Davol
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 September 14, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term dismissing the complaint.
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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 September 14, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term dismissing the complaint. This action was brought to foreclose a mortgage for §9,000, dated September 1st, 1887, given by Cecilia Y. Arthur and others to Joseph M. Pray on an undivided interest in certain lands situate in the city of Brooklyn. On the eighth of October, 1887, said mortgage "was assigned by the mortgagee to the plaintiff, and…
1Opinion of the CourtVann, J.
The trial court found as one of the findings, upon which judgment was entered, “ that the bond and mortgage from Cecilia Arthur to Pray were without consideration,” and that neither Mr. Pray nor the plaintiff ever parted with any value of any kind in money or otherwise, on the faith of the bond, mortgage or assignment. These findings, which have sufficient evidence to support them, authorized the conclusion of law, found by the trial court and affirmed by the General Term, that the complaint should be dismissed.
While many questions have been argued at great length and with much force by the…
2Cases cited7 opinions
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
- People Ex Rel. Oswald v. . GoffNew York Court of Appeals · 1873
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3Cited by2 opinions
- People v. . PrioriNew York Court of Appeals · 1900
- Carlson v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1945