Johnstone v. Horowitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Buth A. Johnstone, from a judgment of the Supreme Court in favor of certain defendants, entered in the office of the clerk of.the county of Kings on'the 31st day of August, 1909, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint in an .action-brought to foreclose a mortgage, and reducing the amount of the mortgage. * ■ . Judgment affirmed, with costs, on the opinion of Mr.- Justice Carr…
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Appeal by the plaintiff, Buth A. Johnstone, from a judgment of the Supreme Court in favor of certain defendants, entered in the office of the clerk of.the county of Kings on'the 31st day of August, 1909, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint in an .action-brought to foreclose a mortgage, and reducing the amount of the mortgage. * ■ . Judgment affirmed, with costs, on the opinion of Mr.- Justice Carr at Special Term. . .
1Opinion of the Court
Woodward, Burr, Thomas and Rich, JJ., concurred; Hirschberg, P. J., dissented.
*801The following is the opinion delivered at Special Term:
Carr, J.:
For a number of years the plaintiff invested considerable sums ot •money on first mortgages through the medium-of one Murphey as her attorney. The details of the manner of investment were as follows: Murphey received the application from the intending borrower and submitted it to the plaintiff; her husband thereupon inspected the property and if the application was approved by him, Murphey received the amount of the proposed loan from the plaintiff and…
2Cases cited5 opinions
- Henken v. . SchwickerNew York Court of Appeals · 1903
- Yeoman v. . McClenahanNew York Court of Appeals · 1907
- Graves v. MumfordNew York Supreme Court · 1857
- Josephthal v. HeymanNew York Supreme Court · 1876
- Henken v. SchwickerAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Fatta v. EdgertonAppellate Division of the Supreme Court of the State of New York · 1911
- Fatta v. EdgertonAppellate Division of the Supreme Court of the State of New York · 1913