O'Neill v. Nolan
New York Supreme Court
Appeal from special term, Rings county. Action by James O’Neill against John Nolan to foreclose a mortgage. Plaintiff obtained judgment. Defendant appeals. Affirmed. The mortgage in suit was given September 11, 1889, to secure a-debt of $500. Defendant paid $50 on account, October'll, 1889, and $50 more on November 14,-1889. On April 22, 1890, the defendant was adjudged a lunatic.
Read the full summary
Appeal from special term, Rings county. Action by James O’Neill against John Nolan to foreclose a mortgage. Plaintiff obtained judgment. Defendant appeals. Affirmed. The mortgage in suit was given September 11, 1889, to secure a-debt of $500. Defendant paid $50 on account, October'll, 1889, and $50 more on November 14,-1889. On April 22, 1890, the defendant was adjudged a lunatic. There was evidence to the effect that at the-time he executed the bond and mortgage he had a habit of intoxication, and that he had committed acts showing want of discretion and propriety. But the testimony of the…
1Opinion of the CourtDykman, J.
This action is for the foreclosure of a mortgage upon real property, and is defended upon the ground of the mental incapacity of the mortgagor at the time of the execution of the bond and mortgage. The cause was tried before a referee to hear and determine-the same, and he has decided against the defendant. The testimony established no defense to the action, and the judgment should be affirmed, with costs. All concur.
2Cited by1 opinion
- Richardson & Morgan Co. v. GudewillCity of New York Municipal Court · 1902