O'Loughlin v. Billy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Billy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of October, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, decreeing the cancellation and discharge of a'«mortgage on certain real property.
1Opinion of the Court
Hirschberg, P. J.:
The action is brought to obtain the cancellation and discharge of a mortgage on certain real estate owned by the plaintiff. The bond to which the mortgage is collateral was paid by the plaintiff after maturity to the attorney by whom the loan was originally negotiated, and the question litigated was whether he had authority, actual or apparent, to receive the payment as the defendant’s agent. The defendant claimed that the bond and mortgage were delivered to her shortly after they were executed; that they remained in her possession continuously from that time until the…
2Cases cited1 opinion
- Smith v. . KiddNew York Court of Appeals · 1877
3Cited by1 opinion
- Kaminski v. SwiderNew York Supreme Court · 1924