Whitehead v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 14 Hun, 531.) The nature of the action and the facts aDDear in the opinion.
1Opinion of the CourtRapallo, J.
This action is brought to foreclose a mortgage on real estate, made by Caroline Smith and William R. Smith to William P. Coolidge, now deceased, to secure the payment of the joint bond of the mortgagors, who are husband and wife. The land mortgaged was the property of the wife, the husband, William R. Smith, never having had any interest therein. After having made the mortgage, the wife conveyed the mortgaged premises to her son, James B. Smith, who was made a party defendant to the foreclosure suit, and put in an answer setting up the defense of usury. Caroline Smith and William B. Smith…
2Cited by4 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Davis v. GallagherNew York Supreme Court · 1890
- Bouton v. WelchAppellate Division of the Supreme Court of the State of New York · 1901
- Olcott v. KohlsaatNew York Supreme Court · 1889