Legal Opinion

Baird v. Baird

New York Supreme Court

Decided October 17, 1894PublishedCited by 9 opinions

Appeal from Monroe county court. Action by Isabella M. Baird, as executrix, etc., of John Baird, ■deceased, against William Baird, impleaded, etc., to foreclose a mortgage. There was a judgment in favor of defendant Baird, and plaintiff appeals. Affirmed.

1Opinion of the CourtHaight, J.

This action was brought to foreclose a mortgage given by the defendant William Baird to John- Baird, the plaintiff’s testator, as a security for the payment of the sum of $1,500. The county court has found as facts that the mortgage was executed and delivered without intending the same to be a valid and subsisting security, and that it was not the intention of either party to said instrument that it was to be a valid and subsisting security, based upon any consideration in fact, or to be enforced against the defendant William Baird, and was never to be recorded; that the mortgage was not…

2Cases cited7 opinions

  1. Hobart v. . HobartNew York Court of Appeals · 1875
  2. Davis v. . BechsteinNew York Court of Appeals · 1877
  3. Lyon v. . RickerNew York Court of Appeals · 1894
  4. Hannan v. HannanMassachusetts Supreme Judicial Court · 1877
  5. Briggs v. LangfordNew York Court of Appeals · 1887

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3Cited by9 opinions

  1. Williams v. WhittellAppellate Division of the Supreme Court of the State of New York · 1902
  2. Hull v. HullAppellate Division of the Supreme Court of the State of New York · 1916
  3. Stromblad v. Hanover Fire InsuranceNew York Supreme Court · 1923
  4. Lessler v. De LoynesAppellate Division of the Supreme Court of the State of New York · 1912
  5. Besler v. Eldorado Cleaners, Inc.New York Supreme Court · 1932

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