Sherman v. Matthieu
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, John C. Sherman, as administrator, etc.., of Lucy B. Potter, deceased, and by the defendant, Eva A. Matthieu, from portions of a judgment of the Supreme Court, entered in the office of the cleric of the county of Washington on the 16th day of November, 1903, upon the report of a referee.
1Opinion of the Court
Houghton, J.:
The action was brought to foreclose a mortgage given by the defendant under the name of Eva A. Mabee to the plaintiff’s intestate on the 31st day of March, 1897, to secure the payment of $750. The defendant plead payment and a counterclaim for work, labor and services amounting to $900. The referee found that the mortgage was not paid and that the defendant was entitled to a portion of her counterclaim.
The mortgage was accompanied by a bond, and both bond and mortgage was found amongst the papers of the deceased, together with a signed and witnessed, but unacknowledged,…
2Cases cited2 opinions
- Earl v. . PeckNew York Court of Appeals · 1876
- Roseboom v. BillingtonNew York Supreme Court · 1819
3Cited by1 opinion
- Van Name v. BarberAppellate Division of the Supreme Court of the State of New York · 1906