Legal Opinion
Friedman v. Title Guarantee & Trust Co.
New York Supreme Court
Decided February 29, 1936PublishedCited by 1 opinion
1Opinion of the CourtSmith, J.
This is. a motion, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the first cause of action set forth in the amended complaint on the ground that it is insufficient in law.
The action is to rescind the purchase and sale of certain participa-, tion certificates in a mortgage upon unimproved real property and to recover the purchase price of such certificates. The basis of the action is that the guaranty of payment of the Bond and Mortgage Guarantee Company which accompanied the certificates was ineffectual and invalid, whereas defendant represented to plaintiff that it was…
2Cases cited5 opinions
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
- Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
- American Surety Co. v. Philippine National BankNew York Court of Appeals · 1927
- Strodl v. Farish-Stafford Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Hess v. . SloaneNew York Court of Appeals · 1903
3Cited by1 opinion
- Anderson v. Title Guarantee and Trust Co.New York Supreme Court · 1936