Legal Opinion

Rubin v. Joseph

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1926PublishedCited by 4 opinions

1Opinion of the CourtManning, J.

The action was brought in equity to obtain the cancellation of a certain bond and mortgage which had been given by the plaintiffs to the defendant in consideration of the defendant’s agreeing to marry the plaintiffs’ daughter. The suit was commenced in July, 1923, and first came to trial in March, 1924. The result Of that trial was a judgment in favor of the plaintiffs, from which judgment an appeal was taken to our court. We reversed the judgment upon the law and granted a new trial. „ In reversing, we said: “ Plaintiffs, upon the trial, relied entirely upon the interlocutory judgment in the…

2Cases cited3 opinions

  1. In Re the Judicial Settlement of the Accounts of Proceedings of GilbertNew York Court of Appeals · 1923
  2. Mayor, Aldermen & Commonalty of New York v. BradyNew York Court of Appeals · 1897
  3. Tolmie v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by4 opinions

  1. American Surety Co. v. ConnerNew York Court of Appeals · 1929
  2. American Surety Co. v. ConnerAppellate Division of the Supreme Court of the State of New York · 1928
  3. Cart v. CartNew York Supreme Court · 1941
  4. Shoreview Holdings, LLC v. Fernandez, Civil Court Of The City Of New York, Queens County2025

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