Legal Opinion
Brenner v. Title Guarantee & Trust Co.
New York Supreme Court
Decided January 22, 1936PublishedCited by 2 opinions
1Opinion of the CourtHofstadter, J.
On the ground that they were induced to purchase mortgage certificates because of the fraudulent representations of the Title Guarantee and Trust Company, the plaintiffs seek to rescind the sale and recover the purchase price paid. In addition to the main cause of action, an injunction is sought against the title company and the Mortgage Commission to restrain them from acting as the agents of the plaintiffs with respect to the mortgaged premises. This resort to equity is apparently for the purpose of maintaining the status quo pending a trial of the issues.
The difficulty with the position of…
2Cases cited5 opinions
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Brennan v. National Equitable Investment Co.New York Court of Appeals · 1928
- Matter of People (Westchester Tit. T. Co.).New York Court of Appeals · 1935
- Voehl v. Title Guarantee and Trust CompanyNew York Court of Appeals · 1935
- Juran v. Title Guarantee & Trust Co.New York Supreme Court · 1934
3Cited by2 opinions
- People v. Texaco, Inc.New York Supreme Court · 1975
- Brenner v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1936