Waring v. . Somborn
New York Court of Appeals
This was an action to foreclose a mortgage. The defendant • set up as a counter-claim that the mortgage was executed to secure part of the purchase-price of the mortgaged premises; that the grantor, to whom the mortgage was given, falsely and fraudulently represented that an assessment appearing on the premises had been adjudged void by the court, and thereupon defendant took the conveyance, relying on said representations, without deduction for said assessment, whereas said…
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This was an action to foreclose a mortgage. The defendant • set up as a counter-claim that the mortgage was executed to secure part of the purchase-price of the mortgaged premises; that the grantor, to whom the mortgage was given, falsely and fraudulently represented that an assessment appearing on the premises had been adjudged void by the court, and thereupon defendant took the conveyance, relying on said representations, without deduction for said assessment, whereas said assessment had not been adjudged void, but was a lien upon the premises, and defendant was compelled to pay the same.…
1Opinion of the Court
Folger, Ch. J.,
reads for reversal and new trial. All concur, except Miller, J., absent at argument.
Judgment reversed.
2Cited by7 opinions
- Bennett v. . BatesNew York Court of Appeals · 1884
- Galbraith v. LunsfordTennessee Supreme Court · 1888
- Work v. PrallSuperior Court of Pennsylvania · 1904
- Forbes v. McCoyNebraska Supreme Court · 1888
- Gallup v. BerndNew York Supreme Court · 1888
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