In re the Accounting of Szklany

Appellate Division of the Supreme Court of New York

In re the Accounting of Szklany

279 A.D. 615, 107 N.Y.S.2d 815, 1951 N.Y. App. Div. LEXIS 3197

Appellate Division of the Supreme Court of the State of New York·Decided October 29, 1951·Published

Opinion

While the declarations of decedent after the making of the mortgage are inadmissible for the purpose of defeating the claim of the mortgagee (Lent v. Shear, 160 N. Y. 462, and cases cited pp. 469-470), declarations by the mortgagee that the mortgage was without consideration were competent proof as admissions against interest (Baird v. Baird, 145 N. Y. 659, 666). The evidence of declarations by the mortgagee were sufficient to support the finding that the mortgage was without consideration. Being without consideration, the mortgage was unenforcible against the estate of the mortgagor. (Matter of James, 146 N. Y. 78.) Present — Nolan, P. J., Carswell, Johnston* Sneed and MacCrate, JJ.

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While the declarations of decedent after the making of the mortgage are inadmissible for the purpose of defeating the claim of the mortgagee (Lent v. Shear, 160 N. Y. 462, and cases cited pp. 469-470), declarations by the mortgagee that the mortgage was without consideration were competent proof as admissions against interest (Baird v. Baird, 145 N. Y. 659, 666). The evidence of declarations by the mortgagee were sufficient to support the finding that the mortgage was without consideration. Being without consideration, the mortgage was unenforcible against the estate of the mortgagor. (Matter of James, 146 N. Y. 78.) Present — Nolan, P. J., Carswell, Johnston* Sneed and MacCrate, JJ.

In re the Accounting of Szklany, 279 A.D. 615, 107 N.Y.S.2d 815, 1951 N.Y. App. Div. LEXIS 3197 (N.Y. Ct. App. 1951).

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Opinion

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