Gallup v. . Bernd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme' Court in the fifth judicial department, entered upon an order made March 25, 1890, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This was an action to recover the balance remaining unpaid of the purchase-price of a farm sold by plaintiff to defendant. The facts, so far as material, are stated in the prevailing opinion.
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Appeal from judgment of the General Term of the Supreme' Court in the fifth judicial department, entered upon an order made March 25, 1890, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This was an action to recover the balance remaining unpaid of the purchase-price of a farm sold by plaintiff to defendant. The facts, so far as material, are stated in the prevailing opinion. The allegation in the answer is one of active fraud against the plaintiff and of ignorance on the part of the defendant. If, therefore, the recovery was had on the ground of…
1Opinion of the CourtParker, J.
The defendant purchased from plaintiff a farm, part of the consideration being secured by a bond and mortgage.
Subsequently the bond and mortgage was satisfied, the defendant paying amount due less $1,364.98. He had agreed to pay all but $800, and to give his note for that amount.
But the money with which the payment on the bond and mortgage was made, was borrowed from a savings bank, and the investigation instituted by that institution fbr the purpose of ascertaining the • character of the title tendered and the value of the property, led to a survey which disclosed that defendant, instead of…
2Cases cited3 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Paine v. . UptonNew York Court of Appeals · 1882
- Hook v. CraigheadSupreme Court of Missouri · 1862
3Cited by8 opinions
- Kiser v. LucasCourt of Appeals of Maryland · 1936
- Koch v. BirdMichigan Supreme Court · 1913
- Ulman v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1914
- Sprague v. GriffinAppellate Division of the Supreme Court of the State of New York · 1897
- Neagle v. HudsonNew York Supreme Court · 1913
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