Richards v. . La Tourette
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 20, 1889, which reversed a judgment in favor of the defendant Mersereau, and granted a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 20, 1889, which reversed a judgment in favor of the defendant Mersereau, and granted a new trial. This was an action to foreclose a mortgage given by the defendant Elmina La Tourette to Martin C. Rockwell in 1880. In 1884 the said defendant conveyed the mortgaged premises to the defendant Edward C. Mersereau, Mersereau assuming and agreeing to pay the mortgage as part of the purchase-price. In 1885, Martin C. Rockwell and Melvin C. Rockwell, individually, and Martin…
1Opinion of the CourtPeckham, J.
The order of the General Term in this case should be reversed.
The court below was entirely right in saying that the single question involved herein is, whether the defendant Mersereau was entitled to set off the claim which he held against the Rockwells, as against the mortgage which the plaintiffs as assignees seek to foreclose. The General Term has denied this right on the sole ground that,, at the time of the assignment by the Rockwells to the plaintiffs herein, the debt to the Rockwells upon the mortgage was not due. It was not necessary that it should have been due in order to permit the…
2Cases cited5 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Rothschild v. . MackNew York Court of Appeals · 1889
- Smith v. . FeltonNew York Court of Appeals · 1871
- Chance v. Isaacs & SmythNew York Court of Chancery · 1836
- Bradley v. . AngelNew York Court of Appeals · 1850
3Cited by20 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Fera v. . WickhamNew York Court of Appeals · 1892
- Stadler v. First National BankMontana Supreme Court · 1899
- In Re the General Assignment of HatchNew York Court of Appeals · 1898
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