Ricci v. Perrino

This action was brought to foreclose a mortgage upon real property in the sum of $5,000, given to plaintiff by Raffaella Ricci, defendant’s mother, on June 9, 1938, payable one year thereafter, with interest and a principal payment of $20 to be payable monthly after the date thereof. The execution and delivery of the mortgage, the nonpayment and the recording thereof are not controverted. The defendant interposed a defense alleging lack of consideration and the Statute of Limitations.

The Referee has resolved the question of fact as to consideration in favor of the plaintiff, and there is…