Preston v. Arthur

Appellate Division of the Supreme Court of New York

Preston v. Arthur

120 A.D. 94, 105 N.Y.S. 37, 1907 N.Y. App. Div. LEXIS 1122

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

DecidedJune 7, 1907

StatusPublished

This text of 120 A.D. 94 (Preston v. Arthur) 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

Preston v. Arthur, 120 A.D. 94, 105 N.Y.S. 37, 1907 N.Y. App. Div. LEXIS 1122 (N.Y. Ct. App. 1907).

Pincite

Opinion

Clarke, J.;

This action was tried before the same refere'e and at the same time as actions Nos. 2 and 3

*, opinions wherein are herewith handed ¡down, and presented' the same general features, the mortgage foreclosed being upon a house, adjacent to the two covered by the former actions. -

In this case the referee excluded all the documentary evidence and made similar findings to those considered in the two prior cases, including the finding as to the appointment and qualification of ■ Preston as receiver, the evidence to establish which he had excluded.

This judgment must also be reversed and a new trial ordered before another referee, with costs to the appellant to abide the event.

Ingba-ham, Lahghlin, Scott and Lambert, JJ., concurred.

Judgment reversed, new trial ordered before another referee, costs to appellant to abide event. Settle order on notice.

Preston v. Albee, No. 2 (120 App. Div. 89); Preston v. Arthur, No. 3 (Id. 93)—[Rep.

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