Rothschild v. . Title Guarantee Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 4, 1910, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material are stated in the opinion. The plaintiffs are estopped from denying the validity of the mortgage.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 4, 1910, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material are stated in the opinion. The plaintiffs are estopped from denying the validity of the mortgage. (Bigelow on Estoppel [5th ed.], 570, 596; Thompson v. Simpson, 128 N. Y. 2; Viele v. Judson, 82 N. Y. 32; Howard v. Duncan, 3 Lans. 174; Title G. & T. Co. v. Haven, 126 App. Div. 802; Cram v. Seton &…
1Opinion of the CourtCollin, J.
The plaintiffs as the executrices and devisees under the probated will of Caroline Strauss demand a judgment compelling the defendant to cancel and discharge of record a mortgage, in form, held by it upon premises owned by the testatrix at the time of her death and devised to them. The mortgage, dated and recorded November 6, 1899, purported, on its face, to have been executed by Caroline Strauss and Baldwin F. Strauss, her husband, to the defendant to secure their bond of even date for $2,000, to mature November 6, 1902, with interest from its date to be paid April 1, 1900, and thereafter…
2Cases cited7 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Viele v. . JudsonNew York Court of Appeals · 1880
- Vohmann v. . MichelNew York Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by171 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Lynn v. LynnNew York Court of Appeals · 1951
- City of Yonkers v. Otis Elevator Co.Court of Appeals for the Second Circuit · 1988
166 more not listed; retrieve them via the Exa API.