Henken v. . Schwicker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1902, reversing a judgment in favor of defendants entered upon ,a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1902, reversing a judgment in favor of defendants entered upon ,a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Schwicker went to Dreher as a real estate broker to procure a loan for a compensation, and as such the broker had but a limited authority to act for him. (4 Am. & Eng. Ency. of Law [2d ed.], 962 ; Philster v. Cove, 48 Mo. App. 455 ; Duclos v.…
1Opinion of the CourtWerner, J.
This action was brought to foreclose a mortgage for $3,200.00 given to the plaintiffs by the defendants. Failure of consideration to the extent of $2,600.00 was alleged as a defense. The answer was accompanied by an offer to allow plaintiffs to take the usual judgment of foreclosure and sale for the sum of $600.00, interest and costs. This offer was refused by the plaintiffs. The learned trial court held with the defendants, and decided that the mortgage was a valid and existing lien upon the premises described in the complaint, only to the extent of $600.00, and interest from May 1st, 1899.…
2Cases cited4 opinions
- Gilder v. . DavisNew York Court of Appeals · 1893
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
- Graves v. MumfordNew York Supreme Court · 1857
- Josephthal v. HeymanNew York Supreme Court · 1876
3Cited by12 opinions
- Small v. . HousmanNew York Court of Appeals · 1913
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1915
- Atlantic Life Ins. v. RowlandCourt of Appeals for the Fourth Circuit · 1927
- Kirkpatrick v. WardenSupreme Court of Virginia · 1916
- Yeoman v. . McClenahanNew York Court of Appeals · 1907
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