Legal Opinion

Pitkin v. Clayton

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899Published

Appeal by the defendants Francis T. Clayton, and the defendants Ella Y. Clayton, Howard Clayton and Alfred Greer Clayton,, .by Cyrus Y. Washburn, their guardian ad litem, and the defendants Virginia B. Clayton, Le Doyt Clayton and James S. Clayton,. Jr., by Andrew F. Van Thun, Jr., their guardian ad litem, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of December, 1898, upon the…

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Appeal by the defendants Francis T. Clayton, and the defendants Ella Y. Clayton, Howard Clayton and Alfred Greer Clayton,, .by Cyrus Y. Washburn, their guardian ad litem, and the defendants Virginia B. Clayton, Le Doyt Clayton and James S. Clayton,. Jr., by Andrew F. Van Thun, Jr., their guardian ad litem, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of December, 1898, upon the decision of the court, rendered after a trial at the Kings County Special Term, awarding to the plaintiff judgment of…

1Opinion of the Court

Woodward, J.:

On the 10th day of March, 1890, Frances A.1 Clayton, now deceased, wife of the defendant James S. Clayton, and the mother of the infant defendants and of the defendant Francis T. Clayton, made and executed a real property mortgage to secure the payment of a note made on the 1st day of Febraar-y, 1890. This note was made by Frances A. Clayton, and payable to the order of James S. Clayton, in the sum of $3,000, and indorsed by James S. Clayton to Helen E. Sumner. The mortgage contained a provision that it should cease to be of effect upon the payment of this note, which was to fall…

2Cases cited3 opinions

  1. Griffith v. ReedNew York Supreme Court · 1839
  2. Bennett v. . BatesNew York Court of Appeals · 1884
  3. Second National Bank v. WestonAppellate Division of the Supreme Court of the State of New York · 1898

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