Legal Opinion
Jones v. Title Guarantee & Trust Co.
New York Court of Appeals
Decided April 12, 1938PublishedCited by 10 opinions
1Opinion of the CourtFinch, J.
Whether there was any evidence of reliance upon a misdescription in a mortgage certificate is the sole question of law presented.
This is an action at law for money had and received, based on an attempted rescission of the purchase of a $5,000 guaranteed mortgage certificate for material misrepresentations, contained in the certificate itself. The defendant counterclaimed seeking reformation of the certificate. The justice at Trial Term granted a judgment in favor of the plaintiff, which has been affirmed. Leave to appeal was granted by this court.
The evidence is practically undisputed. The…
2Cases cited5 opinions
- Adams v. . GilligNew York Court of Appeals · 1910
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Sager v. FriedmanNew York Court of Appeals · 1936
- Strong v. . StrongNew York Court of Appeals · 1886
- Oberlander v. . SpiessNew York Court of Appeals · 1871
3Cited by10 opinions
- ICD Holdings S.A. v. FrankelDistrict Court, S.D. New York · 1997
- Leasco Corporation, Plaintiff-Respondent v. Peter T. TaussigCourt of Appeals for the Second Circuit · 1972
- United States Ex Rel. O'Donnell v. Countrywide Home Loans, Inc.Court of Appeals for the Second Circuit · 2016
- Terra Resources I v. BurginDistrict Court, S.D. New York · 1987
- Hendry v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1938
5 more not listed; retrieve them via the Exa API.