CARRARA v. CARRARA


29 Misc.2d 907 (1961)

Edna G. Carrara, as Executrix of Charles Carrara, Deceased, Plaintiff, v. Joseph Carrara, Defendant.

Supreme Court, Westchester County.

March 29, 1961


Attorney(s) appearing for the Case

Julius Siegal for plaintiff. Gottlieb, Konove & Zeck for defendant.


JAMES D. HOPKINS, J.

The question presented is whether the plaintiff, suing to foreclose a mortgage, makes out a prima facie case by proof of the execution and delivery of the mortgage by the defendant, without evidence of consideration save as may be contained in the recitals of the mortgage.

The plaintiff is the widow and executrix of the last will and testament of Charles Carrara, deceased. The defendant is the son of the decedent. At the trial...

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