Albany City Savings Institution v. . Burdick
New York Court of Appeals
Appeal by defendant Mary D. Burdick from a judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 13, 1880, which affirmed a judgment in favor of plaintiff against said defendant, entered upon a verdict. (Reported below, 20 Hun, 104.) The nature of the action and the material facts are set forth in the opinion.
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Appeal by defendant Mary D. Burdick from a judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 13, 1880, which affirmed a judgment in favor of plaintiff against said defendant, entered upon a verdict. (Reported below, 20 Hun, 104.) The nature of the action and the material facts are set forth in the opinion. The non-examination of the deed was not such negligence as took from the party the right to predicate fraud apon the transaction. (Andrews v. Gillespie, 47 N. Y. 478 ; Botsford v. McLean, 45 Barb. 478; Kilmer v. Smith,…
1Opinion of the CourtEarl, J.
This action was commenced to foreclose a mortgage executed to the plaintiff by George Martin, and a deficiency judgment was demanded against the defendant Mrs. Burdick, on the ground that the mortgaged premises were, subsequent to the date of the mortgage, conveyed to her, subject to the mortgage, by a deed in which it was stated that she assumed and agreed to pay the mortgage. She and Martin both appeared and answered the complaint. She alleged that she never assumed or agreed to pay the mortgage; that she intrusted Martin to procure the deed to be drawn, and that he, without her knowledge…
2Cases cited5 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Long v. . WarrenNew York Court of Appeals · 1877
- Andrews v. . GillespieNew York Court of Appeals · 1872
- Botsford v. McLeanNew York Supreme Court · 1866
- Hedges v. Hudson River RailroadNew York Court of Appeals · 1872
3Cited by125 opinions
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- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Kelley v. WardTexas Supreme Court · 1901
- Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
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