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Patterson v. Patterson

Court of Appeals of New York
59 N.Y. 574 (1875)

Written by Joseph Bowman, JD

Facts

William Patterson executed a mortgage with Patterson (defendant). Under the mortgage, the defendant was required to pay $1,200 to the executrix of William Patterson’s estate on his death. The executrix (plaintiff) brought an action to foreclose the mortgage, and the defendant counterclaimed, seeking to set off $184.30 of the debt for payments the defendant made for Patterson’s funeral. The trial court concluded that the defendant was not entitled to set off the debt for an obligation incurred after Patterson died. The defendant appealed to the Court of Appeals of New York.

Rule of Law

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Issue

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Holding and Reasoning (Folger, J.)

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