New York Building Loan Banking Co. v. Fisher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the New York Building Loan Banking Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 3d day of June, 1897, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint.
1Opinion of the Court
Patterson, J.:
This is ah action for the foreclosure of a mortgage. All the allegations of the complaint are appropriate to such an action only. *364The defendant John H. Fisher, Jr., was the mortgagor. He interposed, the defense of infancy and that defense was fully proven. The mortgage and the bond to which it was collateral were, therefore, voidable, at the election of the mortgagor, who disaffirmed them by interposing-the defense mentioned. The mortgage was given to raise money to enable the infant to construct á building • upon his land, but that fact does not aid the plaintiff. In Allen v.…
2Cases cited4 opinions
- Green v. . GreenNew York Court of Appeals · 1877
- Studwell v. . ShapterNew York Court of Appeals · 1873
- Kane v. KaneAppellate Division of the Supreme Court of the State of New York · 1897
- Allen v. LardnerNew York Supreme Court · 1894
3Cited by9 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Falk v. MacMastersAppellate Division of the Supreme Court of the State of New York · 1921
- Wyatt v. LortscherAppellate Division of the Supreme Court of the State of New York · 1926
- Sparandera v. Staten Island Garage, Inc.City of New York Municipal Court · 1921
- Johnson v. ClarkAppellate Terms of the Supreme Court of New York · 1898
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