Mallory v. Facer

Appellate Division of the Supreme Court of New York

Mallory v. Facer

85 N.Y.S. 1137

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1904

StatusPublished

This text of 85 N.Y.S. 1137 (Mallory v. Facer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mallory v. Facer, 85 N.Y.S. 1137 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER CURIAM.

Judgment and decision modified, by striking therefrom the direction to the [1138]*1138referee to make whatever apportionment is necessary upon the premises, based upon the last assessed valuation thereof by the town assessors, and leaving such apportionment to be based upon the value of said premises, to be ascertained by the referee, and, as so modified, affirmed, with costs of this appeal.

McLENNAN, P. j.,

votes for reversal of the judgment upon the ground that it should have directed that contribution be made by the defendants in inverse order of alienation.

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PER CURIAM.

Judgment and decision modified, by striking therefrom the direction to the [1138]*1138referee to make whatever apportionment is necessary upon the premises, based upon the last assessed valuation thereof by the town assessors, and leaving such apportionment to be based upon the value of said premises, to be ascertained by the referee, and, as so modified, affirmed, with costs of this appeal.

McLENNAN, P. j.,

votes for reversal of the judgment upon the ground that it should have directed that contribution be made by the defendants in inverse order of alienation.

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Bluebook (online)

85 N.Y.S. 1137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallory-v-facer-nyappdiv-1904.