Legal Opinion

Elmhorst v. Maziroff

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 1916PublishedCited by 5 opinions

Appeal by the plaintiffs, Louise Elmhorst and another, as executrices, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Kings on the 21st day of March, 1916, upon the decision of the court after a trial at the Kings County Special Term.

1Opinion of the Court

Thomas, J.:

Mrs. Fint, who died November 14, 1907, owned a bond and mortgage given by Maziroff upon purchasing land. He conveyed to Fidler on June 11, 1906. Roehr, Fint’s lawyer, obtained the bond and mortgage upon the pretense of paying a tax on it,, and assigned it to Remsen, forging Fint’s mark, and, as a notary public, certifying to a false acknowledgment on July 24, 1906. The assignment was recorded July 31, 1906. Remsen paid nothing, but took the bond and mortgage with other assignments to the end that he, Roehr, and Montgomery, might turn them over to the Montauk Brewing Company, of…

2Cases cited5 opinions

  1. Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
  2. Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
  3. Marden v. . DorthyNew York Court of Appeals · 1899
  4. Nash v. MooreAppellate Division of the Supreme Court of the State of New York · 1914
  5. Nahe v. BauerAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by5 opinions

  1. Hartford Accident and Indemnity Co. v. OlesNew York Supreme Court · 1934
  2. Ellison Associates v. Eastwood Management Corp. (In Re Ellison Associates)United States Bankruptcy Court, S.D. New York · 1981
  3. Hannigan v. Italo Petroleum Corp. of AmericaSuperior Court of Delaware · 1935
  4. Smith v. Vara, New York County Courts1930
  5. Nahe v. MikkelsenNew York Supreme Court · 1919

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