Legal Opinion

Porges v. United States Mortgage & Trust Co.

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

Decided December 30, 1909PublishedCited by 4 opinions

Appeal by the defendant, the United States Mortgage and Trust Company, from a judgment of. the Supreme Court in favor of the plaintiff, entered in the office of .the cleric of the county of New York on the 1st day of February, 1909, upon the verdict of a jury • rendered by direction of the court. The printed case on appeal contains also a notice of appeal from the same judgment by the plaintiff Julia W. Porges. ■

1Opinion of the Court

Scott, J.:

The defendant appeals from a judgment upon a verdict rendered by direction of the court.

The action is for the conversion of a check deposited with defendant by one A. E. Hoyt. The plaintiff being, on April 25, 1907, the owner of two houses on West Twenty-first street in the city of New York, a mortgage upon which was being foreclosed, and wishing to *485dispose of tliem, gave a very broad power of attorney to said A. E. Hoyt to act for her. Hoyt effected an'exchange of plaintiff’s.houses for a lot of land at One Hundred and Seventy-second street and" Audubon avenue with one Duff, with…

2Cases cited4 opinions

  1. Gate City Building & Loan Ass'n v. National Bank of CommerceSupreme Court of Missouri · 1894
  2. Nelson v. Hudson River RailroadCommission of Appeals · 1872
  3. Gould v. BowenSupreme Court of Iowa · 1868
  4. Spoor v. TilsonSupreme Court of Virginia · 1902

3Cited by4 opinions

  1. Chamberlin Metal Weatherstrip Co. v. Bank of PleasantonSupreme Court of Kansas · 1920
  2. Manufacturers Trust Co. v. Lafayette National BankCity of New York Municipal Court · 1956
  3. Collins v. WidgerAppellate Division of the Supreme Court of the State of New York · 1931
  4. Rothbard v. Royal State BankCivil Court of the City of New York · 1963

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