Legal Opinion

National Bank v. Cox

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

Decided January 15, 1900PublishedCited by 4 opinions

Appeal by the defendant, Martha L. Cox, from a final judgment Of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of July, 1899, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Rumsey, J. :

The action was brought to foreclose a mortgage alleged to have been made by the defendant, Martha L. Cox. Among other ■ defenses she set up that the mortgage was given by her to the plaintiff to compound a felony committed by her son, William B. Cox, and that she was induced to execute the mortgage by duress of threats of the imprisonment of her son. The learned judge before whom the case was tried ordered judgment for the plaintiff, thus overruling each of these defenses, and from that judgment this appeal is taken.

It is claimed on the part of Mrs. Cox that the findings of the…

2Cases cited3 opinions

  1. Eadie v. . SlimmonNew York Court of Appeals · 1862
  2. Barry v. . BruneNew York Court of Appeals · 1877
  3. Sistare v. HeckscherNew York Supreme Court · 1892

3Cited by4 opinions

  1. Siebros Finance Corp. v. FirmanAppellate Division of the Supreme Court of the State of New York · 1931
  2. Fidelity-International Trust Co. v. CanalizoAppellate Division of the Supreme Court of the State of New York · 1925
  3. In re the Estate of GudeNew York Surrogate's Court · 1934
  4. Galloway v. WolfeAppellate Division of the Supreme Court of the State of New York · 1931

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