Williams v. Rutherfurd Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rutherfurd Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of January, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of January, 1913, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Rutherfurd Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of January, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of January, 1913, denying defendant’s motion for a new trial made upon the minutes. The action was brought to recover moneys claimed to have been paid involuntarily and under duress.
1Opinion of the Court
Ingraham, P. J.:
This action is brought to recover the sum of $4,340.58, which plaintiff claims she paid to the defendant under duress. Prior to January 1, 1910, the plaintiff or her husband was the owner of certain property on Madison avenue, New York city, upon which there was a mortgage of $160,000, held by the Union Dime Savings Bank, and a second mortgage for $30,000, held by the defendant. Both of these mortgages were due and unpaid, and foreclosure was threatened. The plaintiff or her husband also owned a piece of property at Stamford, Conn., subject to a mortgage for $50,000 on which…
2Cases cited3 opinions
- Radich v. HutchinsSupreme Court of the United States · 1877
- Kilpatrick v. . Germania Life Ins. Co.New York Court of Appeals · 1905
- Treadwell v. . ClarkNew York Court of Appeals · 1907
3Cited by6 opinions
- Kamenitsky v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1917
- Hargis v. HargisCourt of Appeals of Kentucky (pre-1976) · 1933
- Mallette v. Taylor & Martin, Inc.Nebraska Supreme Court · 1987
- Martin v. Ratliff Furniture Co.Court of Appeals of Kentucky (pre-1976) · 1954
- Bond State Bank v. VaughnCourt of Appeals of Kentucky (pre-1976) · 1931
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