Humphrey v. Sweeting
New York Supreme Court
Appeal from Monroe county court. Action by George H. Humphrey, executor, against M. Leonora. Sweeting and another, to foreclose a mortgage. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtAdams, J.
This action was brought to foreclose a mortgage executed by the defendant, who was then unmarried, to one Holmes, and. subsequently assigned to the testatrix. The defense was payment,, to sustain which the defendant introduced in evidence the written assignment of the mortgage in suit, and the bond accompanying the-same, to the testatrix, who was the defendant’s mother, upon which assignment appear five indorsements, viz.: One of $300, of the date of May 31, 1886; one of “$220, for building a bam”; one of $260; one of “$100 in bank”; and the last indorsement reads, “Paid in full,”" after…
2Cases cited3 opinions
- Whitman v. . FoleyNew York Court of Appeals · 1891
- First National Bank of Chicago v. DeanNew York Court of Appeals · 1893
- Fogal v. PageNew York Supreme Court · 1891
3Cited by1 opinion
- Spindler v. GibsonAppellate Division of the Supreme Court of the State of New York · 1902