Clifft v. Mercer
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by George L. Clifft, as executor of Mary Mercer, deceased, against Joab W. Mercer. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtSpring, J.
Mary Mercer was the mother of the defendant. In 1896 she was an old lady, nearly 80 years of age, a widow, residing in Onondaga valley, in the county of Onondaga. She owned a mill in this valley, which was out of repair. Her son, the defendant, who for many years had resided in the West, came on a visit to her, and induced her to furnish the money to enable him to repair the mill, and leased it from her'at a stipulated monthly rental. She placed a mortgage upon the property for the sum of $3,500, and turned the avails over to the defendant, upon the agreement that he was to expend whatever…
2Cases cited1 opinion
- Davis v. AikinNew York Supreme Court · 1895