Josephthal v. Heyman
New York Supreme Court
Trial by the court. The action was brought by Moritz Josephthal and Louis Josephthal, against Felix H. Heyman and another, to foreclose a mortgage on real estate. The defendant, Felix H. Heyman, applied to one Patzel, a broker, for a loan of $12,000, to be secured by a first mortgage on “defendant’s” real property. Patzel called on Moritz and Louis Josephthal, the plaintiffs, and solicited the loan from them.
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Trial by the court. The action was brought by Moritz Josephthal and Louis Josephthal, against Felix H. Heyman and another, to foreclose a mortgage on real estate. The defendant, Felix H. Heyman, applied to one Patzel, a broker, for a loan of $12,000, to be secured by a first mortgage on “defendant’s” real property. Patzel called on Moritz and Louis Josephthal, the plaintiffs, and solicited the loan from them. Plaintiffs looked at the premises, and accepted them as good security, and informed Patzel that Adolph Levinger was them attorney to “examine the title.” Patzel referred the defendant to…
1Opinion of the CourtVan Vorst, J.
The application to the plaintiffs, on the defendants’ behalf, was for a loan on a “first mortgage.” Ho statem'ent was made to them that the premises were already incumbered by mortgage, or that any part of the sum for which a loan was asked, was to be used for satisfying an existing mortgage.
The plaintiffs had no actual knowledge of the prior incumbrance, until several months after the execution of the defendants’ mortgage to them. The plaintiffs’ agreement to make the loan, and the appropriation by by them of the $12,000, by their checks to the defendants’ order, was predicated upon their…
2Cases cited1 opinion
- Graves v. MumfordNew York Supreme Court · 1857
3Cited by4 opinions
- Henken v. . SchwickerNew York Court of Appeals · 1903
- Henken v. SchwickerAppellate Division of the Supreme Court of the State of New York · 1901
- Johnstone v. HorowitzAppellate Division of the Supreme Court of the State of New York · 1910
- Kirchner v. SchmidNew York Court of Common Pleas · 1893