Flagler v. Malloy
New York Supreme Court
Appeal from special term, Wayne county. Action by Arthur P. Flagler against John O. Malloy, Asa Plumb, and George Mansfield. There was judgment for plaintiff. Defendants appeal.
1Opinion of the CourtCorlett, J.
In March, 1880, the defendant Malloy requested the plaintiff to execute a power of attorney authorizing him to indorse the plaintiff’s name upon notes, drafts, and checks, to raise money for Malloy’s benefit, to the ex*574tent of $3,000. For security, he agreed to give the plaintiff a mortgage upon the premises described in the complaint. In May following the mortgage was executed, but not recorded. Through a mistake, there was an error in the description so that the mortgage did not include the lands intended to be conveyed, nor was it executed by Malloy’s wife, although her name appeared in the…
2Cases cited7 opinions
- In re HoweNew York Court of Chancery · 1828
- Keirsted v. AveryNew York Court of Chancery · 1832
- Spring v. . ShortNew York Court of Appeals · 1882
- Hill v. . HooleNew York Court of Appeals · 1889
- Marvin v. InglisNew York Court of Appeals · 1869
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3Cited by2 opinions
- Sullivan v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1912
- United States v. Certain Lands in BrooklynDistrict Court, E.D. New York · 1942