Appellate Division of the Supreme Court of New York, 1907

Preston v. Arthur

Appellate Division of the Supreme Court of New York · Decided June 7, 1907 · Clarke

105 N.Y.S. 37; 120 A.D. 94 (New York Supplement)

Counsel

Charles W. Dayton, Jr., for appellant., Alexander Thain (Plelen Arthur, on the brief), for respondent Arthur., C. R. & G. E. Allison (Samuel R. Taylor, of counsel), for respondents Albee.

Opinion of the Court

CLARKE, J.

This action was tried before the same referee and at the same time as actions Nos. 2 and 3, opinions wherein are herewith handed down (105 N. Y. Supp. 33, 36) and presented the same general features; the mortgage being 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 and1 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. All concur.

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