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Kuhne v. Gescheidt

28 N.Y.S. 1113 Court N.Y. Gen. Term Decision date 1894-05-14 English

Delivered by DYKMAN, J.

Contents

Majority

p. 1113
KUHNE, Respondent, v. GESCHEIDT et al., Appellants.
(Supreme Court, General Term, Second Department.
May 14, 1894.)

Headnote

Appeal from circuit court, Richmond county.
Action by Martha C. Kuhne against Charles A. Gescheidt and others.
H. M. Gescheidt, for appellants.
Theodore B. Gates, for respondent.

This was an action upon a written instrument in the nature of a mortgage upon real property, containing an express covenant to pay. There was no question to submit to the jury, and the court, properly directed a verdict in favor of the plaintiff. The judgment should be affirmed, with costs.