Keese v. Dewey
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, Martin Dewey, from a judgment of the Supreme.Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 3d day of January, 1905, upon the decision of the court rendered after a-trial before, the court without a jury at the Clinton-Trial Term.
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Appeal by the. defendant, Martin Dewey, from a judgment of the Supreme.Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 3d day of January, 1905, upon the decision of the court rendered after a-trial before, the court without a jury at the Clinton-Trial Term. On the 2d day. of November, 188.9, Wallace Dewey and his wife executed and delivered a bond and mortgage for $332, with interest, to-one Daniel Keese, the mortgage covering a tract of sevéntyfive acres of land-.There was due and unpaid thereon at the date of "the decision $585.92.…
1Opinion of the Court
Chester, J.:
By the judgment appealed from the lands which at the time of the giving of the mortgage of August 2, 1879, belonged to tbe defendant Martin Dewey individually are directed to be sold. _ One defense' interposed by\ him was that the cause of action upon that mortgage was barred by the Statute of • Limitations as against him. By the terms of the mortgage it became due and payable August 2, 1881. There is no proof that he ever made any payment upon it or upon the bond given concurrent therewith, or authorized any one to do so. On the contrary, the proof is that he never made any such…
2Cases cited2 opinions
- Shoemaker v. . BenedictNew York Court of Appeals · 1854
- Mack v. . AndersonNew York Court of Appeals · 1901
3Cited by3 opinions
- Clute v. . CluteNew York Court of Appeals · 1910
- Ricci v. PerrinoAppellate Division of the Supreme Court of the State of New York · 1955
- Celenski v. Celenski, New York County Courts1960