Simonson v. Nafis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Esther E. Nafis and Abraham T. Nafis, her husband, from a judgnient of the County Court .of Queens county in' favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2d day of November, 1898, upon the decision of the court rendered after a trial at a term of said County Court.
1Opinion of the Court
Cullen, J.:
This action was brought to foreclose two mortgages executed by the defendants, and subsequently acquired by the plaintiff’s testator. The'defense was the Statute of Limitations. As to the first bond and mortgage, that was concededly saved by proof of payment of interest "within twenty years before the commencement of the-action ; and the question presented on this appeal arises solely with reference to the second mortgage. No payments were made of either principal or interest on account of this mortgage within the statutory- period. But it was shown that the defendants,, long…
2Cases cited6 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Winchell v. . HicksNew York Court of Appeals · 1859
- Anderson v. BaxterOregon Supreme Court · 1871
- Denny v. . SmithNew York Court of Appeals · 1859
- Bennett v. . CookNew York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ackerman v. . AckermanNew York Court of Appeals · 1910
- Chapin v. PosnerNew York Court of Appeals · 1949
- Anagnost v. Silvestri Bros.City of New York Municipal Court · 1940
- Wetyen v. FickAppellate Division of the Supreme Court of the State of New York · 1904