Legal Opinion

Smith v. . Roberts

New York Court of Appeals

Decided March 6, 1883PublishedCited by 56 opinions

Appeal by defendant Edward Eoberts from a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 27, 1882, which affirmed a judgment in favor of plaintiffs, entered upon decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.

1Opinion of the CourtFinch, J.

This action was brought for the foreclosure of a mortgage to secure $8,000 executed by defendant Benjamin to plaintiff’s testator. The mortgage was produced and proved, as was also the death of Smith, the mortgagee ; and the issue of letters testamentary to the plaintiff; with which proof she rested her case. The defendant has pleaded three defenses, as to which the burden of proof was upon him. The first two of these were payment and an extinguishment of the mortgage by merger. The proof adduced consisted of a series of transactions between Benjamin and Smith, and the inferences sought to be…

2Cases cited5 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
  3. Champney v. . CoopeNew York Court of Appeals · 1865
  4. Gardner v. AstorNew York Court of Chancery · 1817
  5. Starr v. EllisNew York Court of Chancery · 1822

3Cited by56 opinions

  1. Jemzura v. JemzuraNew York Court of Appeals · 1975
  2. Sichler v. LookCalifornia Supreme Court · 1892
  3. Dunkum v. MacEck Building Corp.New York Court of Appeals · 1931
  4. Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
  5. Asche v. . AscheNew York Court of Appeals · 1889

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