Chapman v. Robertson
New York Court of Chancery
The bill in this cause was filed to foreclose a mortgage given by the defendant Robertson to the complainant, upon a lot of land in the city of Hudson.
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The bill in this cause was filed to foreclose a mortgage given by the defendant Robertson to the complainant, upon a lot of land in the city of Hudson. The cause was heard upon bill and answer;. and the facts as stated in the pleadings were .as follows: The defendant Robertson, a resident of this state, being in England, in the summer of 1833, where the complainant resided, applied to the latter at his residence for the loan of £800 sterling, upon the security of his (Robertson’s) bond and mortgage on his lands in this state. And the complainant then agreed to loan him that sum upon the…
1Opinion of the Court
The Chancellor.
The bank which is a judgment creditor of the mortgagor having suffered the bill to be taken as confessed, the only questions in controversy in this cause arise out of the facts set up in the answers of Robertson as matters of defence. The offset claimed by Robertson must be allowed ; as he alleges in his answer that it *629was money advanced to a son of the complainant and at his request. The revised statues expressly provide that in suits for the payment or recovery of money, set offs shall be allowed in this court in the same manner and with the like effect as in actions at law.…
2Cases cited1 opinion
- Scofield v. DayNew York Supreme Court · 1822
3Cited by76 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Dugan v. LewisTexas Supreme Court · 1891
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Bathgate v. . HaskinNew York Court of Appeals · 1875
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