Jacobs v. Edelson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Solomon Jacobs, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Bew York on the 22d day of December, 1902, upon the decision of the court, rendered after a trial at the blew York Special Term, dismissing the complaint upon the merits and canceling and discharging of record a bond and mortgage given to the plaintiff by certain of the defendants.
1Dissent
Patterson, J. (dissenting):
I am unable to concur in the views of this case entertained by the majority of the members of the court.
The action was brought to foreclose a mortgage given as part of the purchase price of premises on the easterly side of Thompson street, near Broome street, in the city of Hew York. The defense is that the defendant Charles Edelson was induced to purchase the premises through fraudulent representations made by the plaintiff, *367the vendor. Authority for such a defense is found in Fairchild v. McMahon (139 N. Y. 290). The answer also sets up a counterclaim. On the…
2Cases cited2 opinions
- Fairchild v. . McMahonNew York Court of Appeals · 1893
- Cobb v. HarmonNew York Court of Appeals · 1861