Legal Opinion

Sherman v. Matthieu

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

Decided July 1, 1905PublishedCited by 1 opinion

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

  1. Earl v. . PeckNew York Court of Appeals · 1876
  2. Roseboom v. BillingtonNew York Supreme Court · 1819

3Cited by1 opinion

  1. Van Name v. BarberAppellate Division of the Supreme Court of the State of New York · 1906

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