Burnett v. . Wright
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This was an action for the reformation of an instrument alleged to be a mortgage and to foreclose the same. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This was an action for the reformation of an instrument alleged to be a mortgage and to foreclose the same. The facts, so far as material, are stated in the opinion. The court erred in finding that the instrument set out in the complaint and intended as a security for the debt, as proved, was void for uncertainty, and that the omission of the…
1Opinion of the CourtMayhabd, J.
The plaintiff was defeated at the Special and the G-eneral Term on the ground that the instrument which she sought to foreclose was defective as a mortgage and was void for uncertainty and that the objectionable defects could not be supplied by parol proof. The writing which was executed by the testator of the executor defendant to the assignor of the plaintiff on January 31,1868, is set out in full in the complaint and is in the usual form of a real-estate mortgage. It recites a money consideration of six hundred dollars, is signed, sealed, and duly acknowledged, and was recorded as a…
2Cases cited1 opinion
- Horn v. . KeteltasNew York Court of Appeals · 1871
3Cited by11 opinions
- D & L Holdings, LLC v. RCG Goldman Co., LLCAppellate Division of the Supreme Court of the State of New York · 2001
- CitiFinancial Co. (DE) v. McKinneyAppellate Division of the Supreme Court of the State of New York · 2006
- Jeffrey Towers, Inc. v. StrausAppellate Division of the Supreme Court of the State of New York · 1969
- Pohlenz v. PankoNebraska Supreme Court · 1921
- Boyarsky v. FroccaroNew York Supreme Court · 1984
6 more not listed; retrieve them via the Exa API.