Legal Opinion

Merchants' Bank v. Curtiss

New York Supreme Court

Decided October 1, 1861PublishedCited by 6 opinions

APPEAL from a judgment on the verdict of a jury, upon exceptions taken at the trial, and also from an order made at a special term denying a motion for a new trial.

1Opinion of the CourtAllen, J.

The action was for fraud in the negotiation of a loan by the plaintiff to one Alva Hazen, upon his bond and mortgage,- and for fraudulent representations and concealments relating to the mortgaged premises, their situation and value. The alleged fraud consisted in palming off upon the plaintiff a mortgage upon two parcels of land of comparatively small value, and inadequate to secure the amount *318loaned, by inducing the plaintiff to believe that the valuable homestead of the mortgagor was described in the mortgage as a part of the mortgaged premises, and also in misrepresenting the Condition…

2Cited by6 opinions

  1. Ellis v. EssonWisconsin Supreme Court · 1880
  2. Bloss v. PlymaleWest Virginia Supreme Court · 1869
  3. Louisville & Evansville Mail Co. v. Barnes' Admr.Court of Appeals of Kentucky · 1904
  4. Metz v. SouleSupreme Court of Iowa · 1875
  5. Judd v. WalkerMissouri Court of Appeals · 1911

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