Patterson v. Patterson
Court of Appeals of New York
59 N.Y. 574 (1875)
Relevant factsFree
Under a mortgage, the defendant owed $1,200 to the executrix (plaintiff) of the deceased mortgagee's estate; when the executrix sued to foreclose, the defendant counterclaimed to set off $184.30 he had paid for the deceased's funeral expenses, but the trial court ruled the setoff improper since the funeral debt arose only after the mortgagee's death.
IssueFree
Whether a defendant who pays a deceased's burial expenses is entitled to a setoff against amounts owed to the estate under a mortgage.