Bork v. . Martin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made October 13, 1890, which overruled defendant’s exceptions and ordered judgment for plaintiff on a verdict for plaintiff directed by the court. This was an action to recover the purchase-price received by defendant for certain lots in the city of Buffalo.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made October 13, 1890, which overruled defendant’s exceptions and ordered judgment for plaintiff on a verdict for plaintiff directed by the court. This was an action to recover the purchase-price received by defendant for certain lots in the city of Buffalo. On September 1, 1883, Henry Box held the legal title to certain lots of land in Buffalo, but in fact, and as conceded by him, as security for the indebtedness of Jos. Boric to him in the sum of $4,000. Jos. Boric was about to leave…
1Opinion of the CourtLandon, J.
Joseph Bork, originally having an equity in the premises, and being indebted to Box for about $4,000, requested Box to take the legal title as security for the debt. and also to protect Joseph’s equity. Box consented, and although the deed to himself was absolute, he treated it is a mortgage from Joseph, and in equity it was a mortgage. (Carr v. Carr, 52 N. Y. 251.) Afterwards, Joseph and his brother, the plaintiff, agreed that the plaintiff should pay Box the mortgage debt, and for that and other considerations, plaintiff should have Joseph’s equity in the land. Box consented. To accomplish…
2Cases cited5 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Day v. . RothNew York Court of Appeals · 1858
- Carr v. . CarrNew York Court of Appeals · 1873
- Robbins v. . RobbinsNew York Court of Appeals · 1882
- Supervisors of Rensselaer County v. BatesNew York Court of Appeals · 1858
3Cited by37 opinions
- Foreman v. ForemanNew York Court of Appeals · 1929
- Svanburg v. FosseenSupreme Court of Minnesota · 1899
- Logan v. BrownSupreme Court of Oklahoma · 1908
- Johnston v. JicklingSupreme Court of Iowa · 1909
- Smith v. PutnamWisconsin Supreme Court · 1900
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