Patterson v. Patterson case brief summary
59 N.Y. 574 (1875)
In an action to foreclose a mortgage
executed by defendant mortgagee to plaintiff executrix's testator,
the mortgagee appealed a judgment of the General Term of the Supreme
Court in the First Judicial Department (New York) that affirmed a
judgment in favor of the executrix. The mortgagee also sought to have
the amount of the testator's burial expenses offset the recovery
against the mortgagee.
CASE FACTS The mortgagee extended the mortgage in
exchange for a bond that required the mortgagee to pay the testator
an annuity in the testator's lifetime and, within four months after
the testator's death, pay the executrix a proportional sum derived
from the amount of time between the last annuity payment and the
The court modified and affirmed the judgment.
N.Y. Rev. Stat. p. 87, § 27, implied that the executrix was to pay
Although the mortgagee was not entitled to a setoff
of claims due against the testator during the testator's lifetime,
the mortgagee, in light of the agreement with the testator, was
entitled to be paid from the estate's assets in the executrix's hands
the amount of the testator's burial expenses from the estate's assets
in the executrix's hands.
In the executrix's action to foreclose on a mortgage, the court
modified the judgment for the executrix by allowing the mortgagee a
setoff as to the testator's burial expenses. The court otherwise
affirmed the judgment. Suggested law school study materials
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