Fitzmahoney v. Caulfield
New York Supreme Court
Appeal from special term, Westchester county. Action by Marie J. Fitzmahoney (formerly Marie J. Cody), as administratrix of the estate of Michael J. Cody, deceased, against George Caulfield and others, to foreclose a mortgage. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment of the special term in favor of the defendant. The action is to foreclose a mortgage ; the defense, payment. The bond and mortgage were found by the plaintiff in the papers of her intestate shortly after .his decease, and before her appointment as administratrix. She called the defendant’s attention to the fact that she had found these obligations. The defendant, according to his testimony, responded that the bond and mortgage had been paid, and, if plaintiff examined her husband’s papers, she would find that to be the case, and that after this conversation…
2Cases cited1 opinion
- Church v. . HowardNew York Court of Appeals · 1880
3Cited by4 opinions
- Strang v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1933
- Niskern v. HaydockAppellate Division of the Supreme Court of the State of New York · 1897
- Fitzmahony v. CaulfieldAppellate Division of the Supreme Court of the State of New York · 1898
- Fitzmahony v. CaulfieldAppellate Division of the Supreme Court of the State of New York · 1897