Muller v. Rosenblath
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Daniel Rosenblath and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of March, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of March, 1911, denying defendants’ motion for a new trial.
1Opinion of the Court
Jenks, P. J.:
The defendants appeal from a judgment against them for fraud. In 1908 they sold realty to the plaintiff. The contract therefor required his execution of a second and purchase-money mortgage, payable in installments of $100 or more at the interest periods. Sometime after his purchase the plaintiff made a contract with a realty company for exchange of the said realty as incumbered for realty owned by that company. His evidence is that the search incident to such exchange first revealed to him that the said purchase-money mortgage provided that if he sold the realty that mortgage…
2Cases cited5 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Welles v. . YatesNew York Court of Appeals · 1871
- Smith v. . RyanNew York Court of Appeals · 1908
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- Smith v. . SmithNew York Court of Appeals · 1892
3Cited by4 opinions
- Cooper v. WeissblattAppellate Terms of the Supreme Court of New York · 1935
- Gaines v. JordanWashington Supreme Court · 1964
- Deyo v. HudsonAppellate Division of the Supreme Court of the State of New York · 1916
- Laczko v. Bear Ridge Lake Corp.Appellate Division of the Supreme Court of the State of New York · 1952