Hawes v. Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Gertrude D. Hawes against Samuel J. Clarke. From a judgment for plaintiff (136 N. Y. Supp.-188), defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtLaughlin, J.
This action was brought and tried and the judgment was rendered upon the theory that the filing of the papers, which *13by the judgment plaintiff is required to remove, and notations thereof by the registrar among the memorials on the original certificate of title on file with said registrar, constitute a cloud on plaintiff’s title. The plaintiff also demanded judgment for damages for slander of title; but the court found that defendant was not actuated by malice and that plaintiff failed to prove any damage.
The plaintiff owns the premises known as 244 West 104th street on the southerly side…
2Cases cited8 opinions
- Hawes v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Townsend v. Mayor of New YorkNew York Court of Appeals · 1879
- Bernstein v. SchoenfeldAppellate Division of the Supreme Court of the State of New York · 1903
- Sanders v. People's Co-operative Ice Co.New York Supreme Court · 1904
- Sundermann v. PeopleAppellate Division of the Supreme Court of the State of New York · 1911
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