Legal Opinion

Clift v. Mercer

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

Decided July 1, 1903Published

Appeal by the defendant, Joah W. Mercer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 12th day of September, 1901, upon the report of a referee.

1Opinion of the Court

Spring, J.:

Mary Mercer was the mother of the defendant. In 1896 she was an old lady nearly eighty- years of age, a widow, residing in Onondaga Valley in the county of Onondaga. She owned a mill in this valley which was out of repair. Her son, the defendant,-, who for many years had resided in the west, came on a visit to her and induced her to furnish the money to enable him to repair the. mill and leased it from her at a stipulated monthly rental. She placed a mortgage upon the property for the sum of $3,500 and turned the avails over to the defendant upon the agreement that he was to expend…

2Cases cited1 opinion

  1. Davis v. AikinNew York Supreme Court · 1895

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