Fairchild v. . McMahon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion. Even if Benner made false and fraudulent statements as to the price paid for the Brooklyn house, Yoran is not liable for them. (Higgins v. Moore, 34 N. Y. 366 ; Story on Const. [9th ed.] § 28; Rowe v. Stevens, 3 J. & S. 189; Coleman…
1Opinion of the CourtO’Brien, J.
The plaintiff sought to foreclose a mortgage assigned to her, before the commencement of the action, executed and delivered by the defendant, upon certain real estate of which she was the owner, subject to other mortgage liens, and bearing date April 30th, 1890, for $1,500, payable one year from date, with semi-annual interest. The mortgage was given to one Joseph II. Cain, with whom the negotiations and transactions which resulted in its execution and delivery were had, or with agents acting for him or in his interest. The defense is fraud practiced upon the defendant, by means of which she…
2Cases cited3 opinions
- Sandford v. HandyNew York Supreme Court · 1840
- Ellis v. . AndrewsNew York Court of Appeals · 1874
- Smith v. . CountrymanNew York Court of Appeals · 1864
3Cited by51 opinions
- Crocker v. United StatesSupreme Court of the United States · 1916
- Chase Manhattan Bank v. PerlaAppellate Division of the Supreme Court of the State of New York · 1978
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Western Manufacturing Co. v. CottonCourt of Appeals of Kentucky · 1907
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