Carpenter v. O'Dougherty
New York Supreme Court
THIS is an action to foreclose a mortgage and to declare the plaintiff to have a lien upon the premises described in the complaint, for $1,300. The facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtHardin, J.
The defendant, Patrick O’Dougherty, in July, 1861, made, executed and delivered to his father, John O’Dougherty, his mortgage to secure the payment of $4,500. In December, 1861, an assignment of the mortgage was prepared by the mortgagor, Patrick, in which it is stated that in consideration of “kindness and attention,” the mortgage was assigned “as a gift and present” to Anna M. Dougherty (the wife of Patrick.) This assignment described it as “ the within mortgage and the bond accompanying it;” and it is in the handwriting of the defendant, Patrick, and executed by his father, John…
2Cases cited6 opinions
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Robinson v. . WilliamsNew York Court of Appeals · 1860
- Clift v. . WhiteNew York Court of Appeals · 1855
- Foster v. NewlandNew York Supreme Court · 1839
- Carpenter v. WellsNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.