Donellan v. Ketchum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edgar Ketchum and another, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of June, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, foreclosing a mortgage and directing a sale of the mortgaged premises.
1Opinion of the Court
Hatch, J.:
This is an action to foreclose a purchase-money mortgage by the assignee thereof. It is disclosed by the pleadings and the proof in the case that the assignor of the plaintiff constructed the house upon which the mortgage is a lien, and sold the same to the defendant Edgar Ketchum, taking as part of the purchase price therefor the mortgage in question. The complaint in the action is in the usual form. The answer averred as a defense thereto that the assignor of the plaintiff at the time of the sale falsely and fraudulently represented certain material facts with respect to the…
2Cases cited1 opinion
- Lanier v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Dunleavey v. DunleaveyAppellate Division of the Supreme Court of the State of New York · 1903