Simpson v. . Del Hoyo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made February 3, 1882, which affirmed a judgment in favor of defendant, Del Hoyo, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by the defendant Eosa Lowenstein to Henry Lowenstein, and by him assigned to plaintiff. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made February 3, 1882, which affirmed a judgment in favor of defendant, Del Hoyo, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by the defendant Eosa Lowenstein to Henry Lowenstein, and by him assigned to plaintiff. The material facts are stated in the opinion. The right of the plaintiff to recover in this action does not depend upon the actual title or authority of Eosa IT. Lowenstein, with whom he…
1Opinion of the CourtEarl, J.
In October, 1877, Mrs. Del Hoyo, being the owner of certain real estate in the city of New York, was induced, by false pretenses and fraudulent representations of Henry M. Lowenstein, to convey such real estate to his daughter, Bosa H. Lowenstein. Thereafter she, upon some alleged consideration passing to her from her father, executed to him a mortgage upon the same real estate to secure the payment of $1,000, which was collateral security for the payment of her bond for the same amount. Subsequently he assigned the bond and mortgage to this plaintiff, who, as we must assume upon this appeal,…
2Cases cited9 opinions
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