Douglas v. Kohart
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Gustave Girard and another, from a judgment of the Supreme Court in favor of the defendants, Frank C. Kohart and another, entered in the office of the clerk of the county of Kings on the 16 th day of February, 1920, on the decision of the court rendered after a trial at the Kings Special Term.
1Opinion of the Court
Jaycox, J.:
The facts in this case in so far as this appeal is concerned are undisputed. There was some controversy between Gustave Girard and Frank C. Kohart as to whether Kohart told Girard that he owned the premises. This, however, has been found in Kohart’s favor and there is evidence to support the finding. The determination of this appeal depends upon whether it is necessary upon the foreclosure of a mortgage to make the person who furnished the money to purchase the premises a party to the action where the title is taken in the name of another person. If the person so furnishing the…
2Cases cited14 opinions
- Phelan v. . BradyNew York Court of Appeals · 1890
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Robertson v. . SayreNew York Court of Appeals · 1892
- Everett v. . EverettNew York Court of Appeals · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Flushing Savings Bank v. CCN Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Empire Savings Bank v. Towers Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Genuth v. First Division Avenue Realty Corp.New York Supreme Court · 1976
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