Davidge v. . Guardian Trust Co.
New York Court of Appeals
Appeal from a judgment of thq, Appellate Division of the Supreme Court in the third judicial department, entered January 31, 1910, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict.
Read the full summary
Appeal from a judgment of thq, Appellate Division of the Supreme Court in the third judicial department, entered January 31, 1910, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. On November 24, 1905, the Metropolitan Beal Estate Improvement Company, a domestic corporation, executed to the defendant, Guardian Trust Company of New York, a domestic trust company corporation, a mortgage covering a large tract of land in the city of Yonkers, to secure two thousand bonds of $500.00 each, to be issued by said improvement company. The mortgage instrument…
1Opinion of the CourtChase, J.
The question for our consideration is whether the court properly admitted the testimony of the plaintiff as to the conversation with Eobinson, one of the defendant’s vice-presidents. In answering that question, two other questions are involved: 1. Does it appear from the facts disclosed that the defendant had power and authority to make representations in regard to the mortgage given by the improvement company and thereby become an insurer that such mortgage was a first lien on the real property described therein ? 2. Does it appear from the facts disclosed that Eobinson had authority to…
2Cases cited2 opinions
- Gause v. . Commonwealth Trust Co.New York Court of Appeals · 1909
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1893
3Cited by5 opinions
- Ainsa v. Mercantile Trust Co.California Supreme Court · 1917
- Feldmeier v. Mortgage Securities, Inc.California Court of Appeal · 1939
- Interstate National Bank v. KosterSupreme Court of Kansas · 1930
- Weber v. Columbia Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Madison Trust Co. v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915