Hock v. Hock — 233 N.Y. 658

Majority

p. 658

Robert J. Hock, as Surviving Executor of Caroline C. Hock, Deceased, Respondent, v. Frederick B. Hock, Individually and as Executor of Robert B. Hock, Deceased, Appellant, Impleaded with Others.

Headnote

Mortgage —foreclosure — defenses of failure of consideration and Statute of Limitations.

Hock v. Hock, 198 App. Div. 901 , affirmed.

(Submitted May 4, 1922;

decided May 31, 1922.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 2, 1921, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at' Special Term. The action was to foreclose a mortgage upon real property. The defenses were failure of consideration and the Statute of Limitations.

p. 659

Ivan A. Gardner and Charles E. Taylor for appellant.

John Bright for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Caedozo, Pound, McLaughlin, Crane and Andrews, JJ.