Merchants' National Bank v. Snyder
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Altamont Club, from a judgment of the Supreme Court in favor of the plaintiff and of the defendant Amos O. Hall, entered in the office of the clerk of the county of Hamilton on the 26th day of December, 1899, upon the report of a referee in an action brought for the foreclosure of a mortgage upon real estate.
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Appeal by the defendant, The Altamont Club, from a judgment of the Supreme Court in favor of the plaintiff and of the defendant Amos O. Hall, entered in the office of the clerk of the county of Hamilton on the 26th day of December, 1899, upon the report of a referee in an action brought for the foreclosure of a mortgage upon real estate. This action was commenced in January, 1899. It was brought to foreclose a mortgage dated May 17, 1897, and given by the defendant Ole L. Snyder to the plaintiff as security for the payment of $20,000 in two equal annual payments, and covering 5,000 acres of…
1Opinion of the Court
Merwin, . J.:
The main questions upon this appeal are whether the defense and counterclaim set up is available as a counterclaim in this action, and if so, whether it is established. The referee held in -favor of plaintiff on both of these questions.
It seems to be conceded that on and prior to December 24, -1895, Henry Patton held a perfect record title to the property in question. The defendant Hall claimed some equitable interest therein by reason of'some arrangement with Patton. At the date above named Patton executed and delivered to the plaintiff a quitclaim deed of the premises, for the…
2Cases cited2 opinions
- Kay v. . WhittakerNew York Court of Appeals · 1871
- McConihe v. . FalesNew York Court of Appeals · 1887
3Cited by3 opinions
- Nauss v. Nauss Bros.Appellate Division of the Supreme Court of the State of New York · 1921
- Simon v. NeefAppellate Division of the Supreme Court of the State of New York · 1913
- Bogert v. RiordanAppellate Division of the Supreme Court of the State of New York · 1930