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In re the Accounting of Szklany

279 A.D. 615, 107 N.Y.S.2d 815, 1951 N.Y. App. Div. LEXIS 3197
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 29, 1951
StatusPublished

This text of 279 A.D. 615 (In re the Accounting of Szklany) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Related

Lent v. . Shear
55 N.E. 3 (New York Court of Appeals, 1899)
In Re the Judicial Settlement of the Accounts of James
40 N.E. 876 (New York Court of Appeals, 1895)
Baird v. Baird
40 N.E. 222 (New York Court of Appeals, 1895)

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Bluebook (online)
279 A.D. 615, 107 N.Y.S.2d 815, 1951 N.Y. App. Div. LEXIS 3197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-szklany-nyappdiv-1951.