Bathgate v. Haskin
New York Court of Common Pleas
Appeal by defendants from a judgment of foreclosure and sale, entered on the decision of a judge of this court after a trial at special term. The action was brought to foreclose a mortgage on real estate made by the defendant John B. Haskin, to secure payment of a bond for $2,500, made by Haskin and Wm. H. Wilkins, and on which a balance was alleged to be due.
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Appeal by defendants from a judgment of foreclosure and sale, entered on the decision of a judge of this court after a trial at special term. The action was brought to foreclose a mortgage on real estate made by the defendant John B. Haskin, to secure payment of a bond for $2,500, made by Haskin and Wm. H. Wilkins, and on which a balance was alleged to be due. The defense was that this balance had been paid partly in money and partly in legal services rendered to the plaintiffs by the defendant Haskin, under an agreement that the amount due Haskin for such services should be so credited. On…
1Opinion of the CourtJ. F. Daly, J.
I. The defendant’s claim of a credit of $305, as a payment on account of the bond and mortgage, is supported by the testimony of defendant Haskin alone, to which is opposed the unequivocal denial of the plaintiff Charles Bathgate. The defense of payment being an affirmative one, the burden was on defendant to prove it, and there being no preponderance of proof in his favor, the judge was right in dis-,all owing that sum as a credit.
II. The defendant’s claim for professional services in respect of the Westchester lands was properly disallowed, such services having been rendered prior to the…
2Cases cited5 opinions
- Adams v. . the Fort Plain BankNew York Court of Appeals · 1867
- Van Benschooten v. LawsonNew York Court of Chancery · 1822
- Williams v. HoughtalingNew York Supreme Court · 1824
- French v. KennedyNew York Supreme Court · 1849
- Hosack v. RogersNew York Court of Chancery · 1842
3Cited by1 opinion
- Seleznow v. ShubCity of New York Municipal Court · 1930