Bohlken v. Title Guarantee & Trust Co.

These are cross-motions by plaintiff and defendant for summary judgment. The action is at law based on a rescission. The substantial facts are undisputed. Plaintiff owned an $8,000 mortgage certificate which matured January 6, 1931. Defendant by letter informed her of the maturity, of the certificate. She thereupon wrote defendant expressing a desire to secure a five and one-half per cent return on the reinvestment of her money. Defendant stated it would do so in a mortgage on Long Island property and requested plaintiff to return to it the old certificate. This was done. Thereafter defendant…