Title Guarantee Trust Co. v. . Haven
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 8, 1913, affirming a judgment in favor of defendants entered upon the report of a referee dismissing the complaint on the merits. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 8, 1913, affirming a judgment in favor of defendants entered upon the report of a referee dismissing the complaint on the merits. The nature of the action and the facts, so far as material, are stated in the opinion. There was neither a real obligation nor a supposed obligation on the part of the estate of Andrew H. Green, or of the forger, nor a discharge of any obligation, real or supposed. (Matter of Hun, 144 N. Y. 472; Seitz v. Seitz, 59 App. Div. 150; Mills v. Mills,…
1Opinion of the CourtHiscock, J.
This action was brought seeking to have reinstated the lien of certain local assessments on property or the proceeds thereof formerly owned by the defendant Havens and the testator Arnot situated in the city of New York, and to be subrogated to the lien of said assessments. This relief is asked because the appellant was induced to honor a forged check drawn on it in the name of a depositor and presented by or in behalf of the city which had received it in payment of said assessments.
The case has been before this court once before on an appeal from the affirmance of a judgment dismissing the…
2Cases cited19 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Garnsey v. . RogersNew York Court of Appeals · 1872
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3Cited by15 opinions
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Vladikavkazsky Railway Co. v. New York Trust Co.New York Court of Appeals · 1934
- McMillan v. O'BrienCalifornia Supreme Court · 1934
- Sayer v. WynkoopNew York Court of Appeals · 1928
- Grosch v. KesslerNew York Court of Appeals · 1931
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