Carey v. Fitzpatrick

This is an action of contract in which the plaintiff seeks to recover $3,800 paid by her to the defendant for the discharge of a mortgage held by the latter upon certain real estate owned by the plaintiff. The mortgage purported to be given to secure a loan of $3,760 evidenced by a mortgage note, and each instrument purported to be signed by the plaintiff, the mortgage deed under date of January 27, 1926, and the note under date of February 20, 1926. The case was tried to a jury, and at the conclusion of the evidence the defendant moved for a directed verdict in her favor. The judge then…