Jacobs v. Edelson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Solomon Jacobs, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Bew York on the 22d day of December, 1902, upon the decision of the court, rendered after a trial at the blew York Special Term, dismissing the complaint upon the merits and canceling and discharging of record a bond and mortgage given to the plaintiff by certain of the defendants.
1Opinion of the Court
Ingraham, J.:
The action was brought to foreclose a purchase-money mortgage given to secure the payment of a bond for $9,500, upon which there is due the sum of $8,500. The mortgagor answered, admitting the execution and delivery of the bond and mortgage, alleging that he had been induced to purchase the mortgaged premises by false and fraudulent representations made to him by the plaintiff; that shortly after, the mortgagor obtained knowledge of the falsity of the representations made and he attempted to sell the mortgaged premises ; that subsequently the mortgagor agreed with the plaintiff…
2Cases cited1 opinion
- Cobb v. . HatfieldNew York Court of Appeals · 1871
3Cited by2 opinions
- Sohman v. Metropolitan Street Railway Co.City of New York Municipal Court · 1907
- Lent v. Title InsuranceAppellate Terms of the Supreme Court of New York · 1909