Fay v. McGuire
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of -facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Willard Bartlett, J.:
The question upon which this controversy turns is whether the plaintiff has been damaged in a legal sense by the action of the defendants, -who were his attorneys at the time, in representing to. him that a mortgage which they obtained for him on certain premises at Hempstead, in Queens county, was a first lien upon the property, ahead of all other incumbrances.
The mortgage was for $4,000. The plaintiff foreclosed it and the property was sold at the foreclosure sale for $4,965 to one Benjamin Moore, with whom the plaintiff had previously agreed to take $4,000 of the price…
2Cases cited1 opinion
- Lawall v. GromanSupreme Court of Pennsylvania · 1897
3Cited by3 opinions
- Reamer v. KesslerCourt of Appeals of Maryland · 1964
- Gardner v. WoodNew York Supreme Court · 1902
- Baldwin v. BernheimAppellate Division of the Supreme Court of the State of New York · 1931