Kursheedt v. McCune
New York Supreme Court
Appeal from a judgment. Plaintiff brought this action on a bond and mortgage, which purported to be executed by the defendants to one Brennan, and by Brennan had been assigned to the plaintiff; and the defense was that the defendants, who were husband and wife, and illiterate, had. been induced to execute it by Brennan’s representing to them that it was a deed which would transfer the title from the husband to the wife ; they now ask to have the bond and mortgage cancelled.
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Appeal from a judgment. Plaintiff brought this action on a bond and mortgage, which purported to be executed by the defendants to one Brennan, and by Brennan had been assigned to the plaintiff; and the defense was that the defendants, who were husband and wife, and illiterate, had. been induced to execute it by Brennan’s representing to them that it was a deed which would transfer the title from the husband to the wife ; they now ask to have the bond and mortgage cancelled. Plaintiff claimed to be a bona fide purchaser for value, and to have a title superior to the equities between the…
1Opinion of the Court
By the Court.—Lawrence, J.
Our examination of the evidence in this ease satisfies us that the findings of fact made at special term are correct.
It is quite apparent, we think, that Brennan took advantage of the relation in which be stood towards the defendants of their ignorance in business matters, and of the extreme confidence which they reposed in him as their friend and legal adviser, to perpetrate the fraud which has given rise to this litigation. We think it clear that the defendants supposed that the bond and mortgage in suit constituted a transfer of the real property of the defendant…
2Cases cited1 opinion
- Ingraham v. . DisboroughNew York Court of Appeals · 1872
3Cited by3 opinions
- Flanagin v. DawsSupreme Court of Delaware · 1862
- Deeley v. DwightNew York Court of Common Pleas · 1890
- Deeley v. DwightNew York Court of Common Pleas · 1890