More v. Deyoe
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon: the report of a referee. This action was brought to recover a farm of about two hundred-acres, situated at the village of M'oresville, Delaware county.
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Appeal from a judgment in favor of the plaintiff, entered upon: the report of a referee. This action was brought to recover a farm of about two hundred-acres, situated at the village of M'oresville, Delaware county. Both parties claim title through one "Wilson P. More, who was the owner-of the premises, April 23, 1874, and who, on that day, executed a mortgage thereon to the defendants, Gilbert and Maynard, to secure the payment of $10,000. The consideration of the mortgage- and accompanying bond was as follows: A prior mortgage on the-premises, which Gilbeif and Maynard agreed in writing,…
1Opinion of the Court
Bookes, J.:
A difficulty seems to exist in this case, which must, as we think, ■control its decision on this appeal, growing out of the rejection of ■evidence offered by the defendants on the trial. However, before ■considering this difficulty, we should examine the questions urged upon our attention by the defendant’s counsel, which go to the ■ entire right of act/ion ¡ for if the action be not maintainable by the plaintiff at all on the facts proved, the ruling of the referee in the rejection of evidence becomes wholly unimportant; and the case, ¡should be put at rest on other grounds.
*216The…
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- Fiedler v. . DarrinNew York Court of Appeals · 1872
- Merchants Exchange National Bank v. Commercial Warehouse Co.New York Court of Appeals · 1872
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