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Rutherfurd Realty Company v. Cook

Rutherfurd Realty Company, Respondent, v. Willet F. Cook, Appellant, Impleaded With Another

Rutherfurd Realty Co. v. Cook, 84 N.E. 287 (N.Y. 1908)
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Court
New York Court of Appeals · State Highest Courts
Decided
March 31, 1908
Judges
<italic>Per Curiam</italic>.
Citations
84 N.E. 287191 N.Y. 55529 Bedell 5551908 N.Y. LEXIS 1190
Summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 12, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose certain mortgages.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

Per Curiam.

The findings of fact in the decision of the court have been unanimously affirmed by the Appellate Division.

Such findings do not show that the personal obligation of the defendant Cook was assigned to the plaintiff. The other questions discussed are not raised by such findings. The judgment should be reversed and'a new trial granted, with costs to abide the event, unless the plaintiff within twenty days consents to amend the judgment, by striking therefrom that part thereof directing that if the proceeds of the sale of *556 the real property therein described be insufficient to pay the amount due to the plaintiff, with interest and costs, that the defendant Cook pay the same to the plaintiff, and that the plaintiff have execution therefor, in which case the judgment as so amended is affirmed, without costs to either party in this court.

Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, Hisoooic and Chase, JJ., concur.

Judgment accordingly.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1909: 11910: 119092026peak 1909 · 1

Relies on it most ⓘ

  1. Rutherfurd Realty Co. v. Cook90 N.E. 1112 (N.Y. 1910)
  2. Rutherfurd Realty Co. v. Cook130 A.D. 76 (1909)

Most recent

  1. Rutherfurd Realty Co. v. Cook90 N.E. 1112 (N.Y. 1910)
  2. Rutherfurd Realty Co. v. Cook130 A.D. 76 (1909)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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