Legal Opinion · Dissent

Hock v. Hock

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

Decided June 15, 1921Published

Appeal by the defendant, Frederick B. Hock, individually and as executor, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 21st day of February, 1921, upon the decision of the court rendered after a trial at the Orange Special Term. [See 196 App. Div. 905.] Judgment affirmed, with costs.

1Dissent

Mills, J. (dissenting):

The action was brought by the executor of the will of Caroline C. Hock to foreclose a certain mortgage for the sum of $10,000, given by said Robert B. Hock and wife on October 1, 1891, to Andrew J. Moore, and upon that same day assigned by the latter to the said Caroline C. Hock, the said wife. By its terms the mortgage, with the accompanying bond by Mr. Hock alone, was to come due in three years and to bear interest at the rate of five per cent. Caroline C. Hock died on February 10, 1913, leaving a last will, which was shortly thereafter duly probated, by which she…

2Cases cited7 opinions

  1. Winter v. . WinterNew York Court of Appeals · 1908
  2. Coleman v. . BurrNew York Court of Appeals · 1883
  3. Whitaker v. . WhitakerNew York Court of Appeals · 1873
  4. Mills v. . DavisNew York Court of Appeals · 1889
  5. Stevens v. . CunninghamNew York Court of Appeals · 1905

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