Garvey v. New York Building Loan Banking Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Building Loan Banking Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of February, 1900, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Jenks, J.:
The defendant appeals from a judgment of the Special Term in favor of the plaintiff in her action brought to' reform a mortgage on the ground of fraud. The plaintiff owned certain realty in the borough of Brooklyn, incumbered with two mortgages for $1,600 and $150, respectively. Plaintiff, seeking to clear them off, applied in May, 1899, to the defendant for a loan of $1,900. At the close of the negotiation she found herself a subscriber to twenty-four shares of stock of the defendant, the maker of a bond and mortgage to the association, and bound to pay certain monthly dues and…
2Cases cited2 opinions
- Jackson v. . AndrewsNew York Court of Appeals · 1874
- Mutual Benefit Loan & Building Co. v. LynchAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Miller v. Eagle Savings & Loan Co.Appellate Division of the Supreme Court of the State of New York · 1916