Hewett v. Suits
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary 0. Hewett, from a judgment of the Supreme Court in favor of the defendant Nicholas Suits, entered in the office of the clerk of the county of Montgomery on the 7th day of March, 1897, upon the decision of the court rendered after a trial at the Montgomery Special Term.
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Appeal by the plaintiff, Mary 0. Hewett, from a judgment of the Supreme Court in favor of the defendant Nicholas Suits, entered in the office of the clerk of the county of Montgomery on the 7th day of March, 1897, upon the decision of the court rendered after a trial at the Montgomery Special Term. On September 11, 1886, the defendant Simeon K. Hewett executed and delivered to Joseph H. Jones his bond, dated on that day, secured by a mortgage executed by himself alone upon the premises described in the complaint. Such mortgage was regularly recorded in the Montgomery county clerk’s office on…
1Opinion of the Court
Parker, P. J.:
The fact alone that a wife joins with her husband in the execution of a mortgage upon the husband’s real estate does not impair her right to priority as the holder of a prior mortgage. (Power v. Lester, 23 N. Y. 527 ; Gillig v. Maass, 28 id. 191; Kingman v. Dunspaugh, 19 App. Div. 549.) Suits, therefore, was not entitled to priority because his mortgage was executed by this plaintiff.
As to his claims that she made false representations to him at the time he took his mortgage, and that she was a borrower and interested in the $300, for which such mortgage was given, he has…
2Cases cited2 opinions
- Power v. . LesterNew York Court of Appeals · 1861
- Kingman v. DunspaughAppellate Division of the Supreme Court of the State of New York · 1897