Lake v. . Nathans
This text of 67 N.Y. 589 (Lake v. . Nathans) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
reads for affirmance of order granting a new trial, and for judgment absolute; Churoh, Ch. J., Miller and Earl, JJ., concur; Eolger, Rapallo and .Andrews, JJ., not voting.
Order affirmed and judgment accordingly.
On motion for reargument in above cause, it was claimed that judgment should have been modified and defendant allowed to retain the mortgage for a portion of the. debt secured, which it was alleged was not affected by the usury. Held, that if defendant was right in this claim, he should have gone back for a new trial, instead of appealing from the order granting it, as this court could only affirm or reverse the order *590 granting a new trial; and, a new trial having been been properly granted, the order was necessarily affirmed, and judgment absolute given.
All concur.
Motion denied.
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67 N.Y. 589, 1876 N.Y. LEXIS 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-v-nathans-ny-1876.