Reilly v. Haseltine
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, Mary Reilly, in one case, from a judgment of the Supreme Court in favor of the .defendant, entered in the office of the cleric of the county of Richmond' on the 16th day óf August, 1907, upon'tlie decision of the court, rendered after a trial at the Richmond Special Term, dismissing the'complaint upon the- merits, and in the other case from an'order entered in said clerk’s office on the 19th day of November, 1907, denying the plaintiff’s motion for…
Read the full summary
■ Appeal by the plaintiff, Mary Reilly, in one case, from a judgment of the Supreme Court in favor of the .defendant, entered in the office of the cleric of the county of Richmond' on the 16th day óf August, 1907, upon'tlie decision of the court, rendered after a trial at the Richmond Special Term, dismissing the'complaint upon the- merits, and in the other case from an'order entered in said clerk’s office on the 19th day of November, 1907, denying the plaintiff’s motion for a new tidal maid's, upon the' grounds.of surprise^ newly-discovered evidence, etc. ’ /’• ■
1Opinion of the Court
Woodward, J.:
This action was brought to set aside a certain bond, and to set aside and cancel of record a certain mortgage for $2,500, signed by the plaintiff, delivered to one Harlow IT. Chandler, and duly assigned to the defendant. The basis of the action is fraud, it being claimed that by reason of the fraudulent transaction the bond and mortgage in question are without consideration, and singularly enough the plaintiff calls as a witness the very man wlio is alleged ■ to have perpetrated the fraud, and by him establishes that there was no such fraud, for while the plaintiff herself gives…
2Cited by3 opinions
- Allen v. Texas N. O. R. Co.Court of Appeals of Texas · 1934
- Collins v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930
- First National Bank v. FrankAppellate Division of the Supreme Court of the State of New York · 1956