Aronoff v. Levine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jacob Levine and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 25th day of January, 1919, upon the decision of the court setting aside a bond and second mortgage upon the ground that it had been procured under duress practiced on the plaintiffs.
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Appeal by the defendants, Jacob Levine and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 25th day of January, 1919, upon the decision of the court setting aside a bond and second mortgage upon the ground that it had been procured under duress practiced on the plaintiffs. The mortgage in question with $200 cash was given to defendant to discharge an alleged mechanic’s hen by Jacob Levine for $2,440, dated January 24 and filed January 29, 1918. As found by the court, it had been oppressively extorted…
1Opinion of the Court
Putnam, J.:
Plaintiff Kieve Aronoff, a candy salesman, and Levine, a carpenter by trade, started as joint adventurers to build three houses in the second ward of the borough of Queens. Plaintiff already had the land. He was to put in $2,000 and Levine was to put in $500 as a sum to cover all the carpenter work. He was also to supervise the work in the joint interest, without any additional compensation. A formal agreement to this effect was prepared by an attorney in October, 1916, but never signed.
For a structure as a garage, Levine was to have $100 additional. However, from the estimate of…
2Cases cited4 opinions
- Kilpatrick v. . Germania Life Ins. Co.New York Court of Appeals · 1905
- Van Dyke v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
- Neilson v. M'DonaldNew York Court of Chancery · 1822
- Aronoff v. LevineNew York Supreme Court · 1919
3Cited by11 opinions
- The First National Bank of Cincinnati v. Sidney Pepper, Elsie W. Cox, Defendants-Cross-Claimants-Appellants, Modern Talking Picture Service, Inc.Court of Appeals for the First Circuit · 1972
- Fridenmaker v. Valley National Bank of ArizonaCourt of Appeals of Arizona · 1975
- First National Bank of Cincinnati v. PepperCourt of Appeals for the First Circuit · 1976
- American District Telegraph Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925
- Hargis v. HargisCourt of Appeals of Kentucky (pre-1976) · 1933
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