Legal Opinion

Roscoe v. Safford

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1901PublishedCited by 2 opinions

Appeal by the defendant, Uriah Safford, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schoharie on the 1st day of August, 1900, upon the report of a referee.

1Opinion of the Court

Kellogg, J::

A perusal of the testimony which the record in this case presents must, I think, lead every unbiased mind to the conclusion that the mortgage in question was intended as- a gift and had in its inception no consideration, and its execution was induced solely by the statement of the mortgagee that another son of the mortgagee had made a like gift of a mortgage in the same amount and similar in all its terms. A brief statement of the material facts gives a clear insight into the transaction. The mortgagee, Joseph Safford, was the father of Uriah and Josiah. In 1891 the father gave to…

2Cases cited1 opinion

  1. Smith v. . CountrymanNew York Court of Appeals · 1864

3Cited by2 opinions

  1. Lapis Enterprises, Inc. v. International Blimpie Corp.Appellate Division of the Supreme Court of the State of New York · 1981
  2. Thompson v. Bank of Commerce (In re Thompson)District Court, E.D. New York · 1982

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