St. John v. . Fowler
New York Court of Appeals
Appeal from a judgment entered July 12, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial deportment, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and directing a dismissal of the complaint. The nature of 'the action and the facts, so far as material, are stated in the opinion..
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Appeal from a judgment entered July 12, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial deportment, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and directing a dismissal of the complaint. The nature of 'the action and the facts, so far as material, are stated in the opinion.. Plaintiff not having any knowledge of the illegality of the transaction, is entitled to recover. (Saltzsider v. Saltzsider, 219 N. Y. 523; Townsend v. Hirshkind, 176 App. Div. 520; 223 N. Y. 698;…
1Opinion of the CourtCrane, J.
In December of 1908, Jerre F. Collins and Kate F. Collins, his wife, made, executed and delivered a bond and mortgage to the defendant, Stanley C. Fowler, in the sum of $1,500, interest being payable at the rate of six per cent. The mortgage was without consideration and given by Collins to Fowler, who was his attorney, in order to negotiate a loan. Thereafter and on the second day of January, 1909, Fowler assigned, transferred and set over unto this plaintiff the said bond and mortgage covenanting in the assignment as follows: “And the party of the first part does hereby covenant with the…
2Cases cited10 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Booth v. . PowersNew York Court of Appeals · 1874
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Fish v. . VanderlipNew York Court of Appeals · 1916
- John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. PinkSupreme Court of the United States · 1942
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Haverhill v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Winkler-Koch Engineering Co. v. Universal Oil Products Co.District Court, S.D. New York · 1947
- New York Mortgage Co. v. GarfinkleAppellate Division of the Supreme Court of the State of New York · 1931
13 more not listed; retrieve them via the Exa API.