State of New York - In Court of Appeals

State of New York - In Court of Appeals

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...on said appeal and that said respondents respectively have execution therefor. A copy, JOHN M. DIGNEY. 232 SUPREME COURT. William W. Taylor against Franklin B. Bernard et al. We, the undersigned, the attorneys for the respective parties herein, hereby stipulate that the foregoing are true copies of the judgment roll in the 233 above entitled action tiled in the office of the Clerk of the County of Westchester, on the twenty-third day of August, 1893, and of the notice of appeal therefrom tiled in said office; and we waive certification thereof by the Clerk. Dated New York, Sept. 11, 1893. JAMES C, DE LA MARE, Plaintiff's Attorney. I. NEWTON WILLIAMS, Att'y Defts, Franklin B. Bernard and ors. G. D. W. CLOCKE, Guardian ad litem. SUPREME COURT, 285 General Term--Second Department, July 28,1893. William W. Taylor against ) Franklin B. Bernard et al., i Pratt, -A This is an action for foreclosure of a mortgage for 8600 made in 1877, and both parties to it are dead. It was assigned by the mortgagee's 236 administrator to the plaintiff. The defense was payment in effect. The original parties to the mortgage were neighbors and friends, and dealt with each other as long as they both lived. The mortgagor kept a store, and the mortgagee dealt there continuously, and in 1883 the account appears to have substantially closed, by it appearing that the mortgagee owed the mortgagor on book account the amount of the mortgage. This was proved beyond question, so that, if the amount which the mortgagee owed the mortgagor could not be set off or regarded as payment pro taitto, the result would be to collect the whole amount of the mortgage, and leave the book account entirely unpaid, as the statute of limitations would cut it off. It is difficult to...
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Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236570472
  • 9781236570475