Merritt v. Merritt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Merritt, as executor of and trustee under the last will of Hannah B. Merritt,., deceased, from a judgment of the Supreme Court in. favor of the plaintiffs, entered; in the office of the clerk of the county of Hew York on the 11th day of February, 1891, upon the -decision of the, court rendered after a trial at the Hew York Special Term. . ' ...
1Opinion of the Court
Rumsey, J.:
The action was brought to foreclose a mortgage .executed in the name of Hannah B: Merritt, the testator, on the 26th day of May, 1891, by George Merritt, her attorney- in fact. The mortgagee was one William Post. The bond and mortgage were afterwards assigned to the plaintiffs, who it is claimed gave no consideration therefor. The defense was that at the time of the execution of the mortgage Hannah B. Merritt was in feeble bodily health, and had wholly lost her mind and was non compos mentis, and that that fact 'was known to Post when he took the mortgage, and also known to the…
2Cases cited1 opinion
- Wallis v. President & Directors of Manhattan Co.The Superior Court of New York City · 1829
3Cited by16 opinions
- Sullivan v. DunneCalifornia Supreme Court · 1926
- John J. Donnelly v. Honorable Barrington D. ParkerCourt of Appeals for the D.C. Circuit · 1973
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- Golleher v. HortonCourt of Appeals of Arizona · 1985
- United States v. MannyCourt of Appeals for the Second Circuit · 1981
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