Vohmann v. . Michel
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 8, 1905, which reversed so much of a judgment of Special Term as directed a dismissal of the complaint as to the first cause of action and granted a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 8, 1905, which reversed so much of a judgment of Special Term as directed a dismissal of the complaint as to the first cause of action and granted a new trial. This action w'as brought to compel the reinstatement as valid liens of two mortgages executed by the defendant Michel, which were procured to be satisfied of record by means of forged and fraudulent satisfaction pieces, executed by and at the instance of the defendant Carl Coenen, and to foreclose such mortgages. The…
1Opinion of the CourtWerner, J.
The appellants in this court concede that the calling in of the mortgage before it was due involved the exercise of a joint discretion by the trustees, in which the participation of them all was essential to protect any person dealing with them. The learned counsel for the appellants insists, however, that although the mortgage was called in before it was due, the trustees are estopped from challenging the validity of the transaction because' of their surrender to Ooenen of the full control of the trust estate, and their failure, upon the discovery of his dishonesty, to compel him to make…
2Cases cited3 opinions
- Kirby v. TaylorNew York Court of Chancery · 1822
- Ludington v. Mercantile National BankAppellate Division of the Supreme Court of the State of New York · 1905
- Ludington v. . Mercantile Natl. Bank of City of New YorkNew York Court of Appeals · 1905
3Cited by28 opinions
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- Matter of WentworthNew York Court of Appeals · 1920
- Andy Associates, Inc. v. Bankers Trust Co.New York Court of Appeals · 1979
- Oil & Gas Ventures-First 1958 Fund, Ltd. v. KungDistrict Court, S.D. New York · 1966
- Roach's EstateOregon Supreme Court · 1907
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