Legal Opinion

Billings v. Billings

New York Supreme Court

Decided November 15, 1883Published

Appeal from a judgment in favor of the defendants, entered, upon the report of a referee.

1Opinion of the Court

Learned, P. J.:

This was an action to foreclose a mortgage made by George Billings and Sarah A. Billings, his wife, to the plaintiff, August 8, 1878. The defendants, Russell & Sawyer, recovered a judgment against George Billings December 3, 1879, upon an indebtedness-which existed prior to the giving of the mortgage. The consideration of the mortgage was work and labor performed during the five yeai’s next prior to August 8, 1878; and at that date there was owing therefor, from George Billings to the plaintiff, the full amount of $800,, for which the mortgage was given.

The judgment creditors…

2Cases cited5 opinions

  1. Beals v. GuernseyNew York Supreme Court · 1811
  2. Auburn Exchange Bank v. FitchNew York Supreme Court · 1867
  3. Bedell v. . ChaseNew York Court of Appeals · 1866
  4. Briggs v. MerrillNew York Supreme Court · 1870
  5. Salomon v. MoralNew York Court of Common Pleas · 1877

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