New York Supreme Court, 1892

O'Neill v. Nolan

O'Neill v. Nolan
New York Supreme Court · Decided December 12, 1892 · Dykman
21 N.Y.S. 222; 50 N.Y. St. Rep. 641 (New York Supplement)

Counsel

Wm. M. Benedict, for appellant., John T. Barnard, for respondent.

O'Neill v. Nolan

Opinion of the Court

DYKMAN, J.

This action is for the foreclosure of a mortgage upon real property, and is defended upon the ground of the mental incapacity of the mortgagor at the time of the execution of the bond and mortgage. The cause was tried before a referee to hear and determine-the same, and he has decided against the defendant. The testimony established no defense to the action, and the judgment should be affirmed, with costs. All concur.

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