Patterson v. Patterson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 1 Hun, 323.) This action was brought to foreclose a mortgage executed by defendant to William Patterson, plaintiff’s testator.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 1 Hun, 323.) This action was brought to foreclose a mortgage executed by defendant to William Patterson, plaintiff’s testator. The mortgage was given to secure a bond conditioned that defendant should, during the lifetime of said William Patterson, pay to him the sum of $500, yearly, from July 1st, 1865; and should, within four months after his death, pay to his executrix or administratrix, if such there should be,…
1Opinion of the CourtFolger, J.
The right to set off unconnected cross demands, it is said, did not exist at common law. (Green v. Farmer, 4 Burr., 2214-2221; but see Eden on Bank., 186.) It was ■created in England by the statutes of 2 George II, chapter 22, and 8 George II, chapter 24. This is mentioned, to point the further mention, that this right is to be limited by the terms of the enactments, as construed and settled by the courts. By those statutes, it was confined to mutual debts existing between the plaintiff and defendant, and, in suits by or against an executor or administrator, to mutual debts between the…
2Cases cited8 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Fry v. EvansNew York Supreme Court · 1832
- Rappelyea v. RussellNew York Court of Common Pleas · 1862
- Fitzhugh's Ex'or v. FitzhughSupreme Court of Virginia · 1854
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3Cited by1 opinion
- Agnew v. CostaCalifornia Supreme Court · 1865