Reports of Cases Heard and Determined in the Supreme Court of the State of New York; At General Term, Not Reported in the Official Series, from March, 1889 [To 1890] Volume 3
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...of the moneys paid by the executors upon the mortgage, and of the commissions of the broker, and such other matters as are within the scope of that action. Van Brunt and Brady, JJ., concur. Appeal from an order denying a motion for the insertion of certain reservations in the decree of the surrogate. John E. Burrill and George Zabriskie, for appellants. George Hoadley, for respondent. Daniels, J.--It has been objected that neither this nor the other appeals should be sustained, or considered by the court for the want of evidence that the order requiring the petition of appeal to be answered, had been served upon Mary Fiske Paget and Arthur H. F. Paget. But this objection has been answered by proof of the service of the order upon them being supplied. The appeal itself, however, from this order does not require to be considered upon its merits. For in the appeal from the decree of the surrogate, and the appeal from the order denying the application for a stay, the decree has been held to be subject to such modifications as rendered the motion resulting in this order to be unnecessary. For the reasons assigned for the disposition of the other appeals, the appeal from this order should be dismissed. And from the direction given concerning costs in the other case, this should be without costs. Van Brunt, Ch. J., and Brady, J., concur. Opinion of the Court, by Van Brunt, P. J. The United States Life Insurance Company, Respondent, v. George W. Poillon, Impleaded, etc., Appellant. Supreme Court, First Department, General Term, July 9, 1889. 1. Mortgages. Foreclosure. Deficiency.--A plaintiff is not entitled, as a matter of right, to leave to bring an action for a deficiency on foreclosure of a mortgage, and an ex parte order, nunc pro tunc, to that...
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