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Blice v. Goggin

141 N.Y.S. 1109 Court N.Y. App. Div. Decision date 1913-05-21 English

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p. 1109
BLICE, Appellant, v. GOGGIN et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
May 21, 1913.)

Headnote

Action by Hannah Goggin Blice against John B. Goggin and others.

Judgment reversed, and new trial granted, with costs to appellant to abide event. Held: (1) That the determination of the Special Term that plaintiff did not purchase the mortgage, but paid the same to discharge her debt to defendant John B. Goggin, is contrary to and against the weight of the evidence. (2) That entry of judgment upon the memorandum or opinion of the justice presiding at the trial without formal findings was irregular and unauthorized.