White v. Rasines
New York Supreme Court
Appeal from special term, New York county. Action by Amelia White against Antonio Rasines and others to declare void a note and mortgage on the grounds of duress and fraud. From a judgment for plaintiff, defendants appeal. Affirmed.
1Opinion of the CourtO’Brien, J.
This action was brought to declare void a promissory note for $2,103.42, and also to declare void a certain indenture of mortgage given to secure the payment of said note, and also to declare void an. assignment of said mortgage, upon the ground that the execution and delivery of such instruments were obtained through the false and fraudulent representations' of defendants, and through threats and intimidation, and upon the further ground that the plaintiff was not aware of the nature of the instruments executed by her. As to whether or not these grounds were sustained were questions of fact,…
2Cases cited2 opinions
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Sistare v. HeckscherNew York Supreme Court · 1892