Greensward v. Union Dime Savings Institution
New York Supreme Court
James H. Greensward, a lawyer, sued the Union Dime Savings Institution and its trustees to recover $5,000 for alleged services in taking care of eleven houses and lots in Forty-seventh street and Lexington avenue during two years from November, 1876. The plaintiff says that the savings bank purchased this property, on which it held first mortgages to a large amount, from the receiver and assignee iir bankruptcy of the estate of Anson B. Birdsall; that the bank and its…
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James H. Greensward, a lawyer, sued the Union Dime Savings Institution and its trustees to recover $5,000 for alleged services in taking care of eleven houses and lots in Forty-seventh street and Lexington avenue during two years from November, 1876. The plaintiff says that the savings bank purchased this property, on which it held first mortgages to a large amount, from the receiver and assignee iir bankruptcy of the estate of Anson B. Birdsall; that the bank and its trustees desiring to have the title to the property taken in the name of some third person induced him to take such title, he…
1Opinion of the Court
Macomber, J. —
In granting the application, said: It cannot be permitted to the plaintiff to ask of the defendants on this examination any question which will tend to establish the fact as alleged in the complaint and in the plaintiff’s affidavit, that the title to the lands mentioned was taken in the name of the plaintiff, and mortgages were executed by him to the *401corporation for the purpose of enabling the bank to pass a proper examination at the hands of the bank examiner. It has long been enacted by statute that a witness shall not be required to give any answer which will have a tendency…
2Cited by1 opinion
- Segschneider v. Waring Hat Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909