Welch v. Graham
New York Supreme Court
Action by Joseph J. Welch against Archibald M. Graham and others to foreclose a mortgage. Judgment for defendants.
1Opinion of the CourtEoote, J.
At the time the bond and mortgage in suit were executed the mortgagor was not indebted to the mortgagee, who was his daughter. He was not under any legal obligation to support her, as she was then of full age, married, and living with her husband in the city of Rochester, while the mortgagor resided in the village of Clyde. The evidence clearly shows that the transaction was intended to be in the nature of a gift by the father to his married daughter of the amount for which this mortgage was made, and that it was not expected or intended that the father would be called upon to pay the…
2Cases cited6 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Baird v. BairdNew York Court of Appeals · 1895
- Koehler v. . HughesNew York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sheehy v. KeaneAppellate Division of the Supreme Court of the State of New York · 1929
- Welch v. GrahamAppellate Division of the Supreme Court of the State of New York · 1911