Legal Opinion

Hyman v. Friedman

New York Court of Common Pleas

Decided April 4, 1892PublishedCited by 11 opinions

Appeal from special term. Action by Fanny Hyman against Betti Friedman for foreclosure of a mortgage on real property. Plaintiff appeals from a judgment for plaintiff entered on trial by the court without a jury, and from an order denying a motion for a new trial.

1Opinion of the CourtBischoff, J.

The case on appeal purports to contain all the testimony, but not all the evidence, taken upon the trial, and the facts found by the learned trial judge are therefore conclusive upon us. Aldridge v. Aldridge, 120 N. Y. 614, 616, 24 N. E. Rep. 1022. These are to the effect that the bond and mortgage described in the complaint were obtained from the defendant by the plaintiff, and others in collusion with her, by means of representations that the moneys intended thereby to be secured by the defendant would be delivered to her immediately upon the execution of those instruments; that such…

2Cases cited1 opinion

  1. Aldridge v. . AldridgeNew York Court of Appeals · 1890

3Cited by11 opinions

  1. Crooks v. HarmonUtah Supreme Court · 1905
  2. Bonwell v. AuldNew York Court of Common Pleas · 1894
  3. Howe v. WoolseyNew York Court of Common Pleas · 1894
  4. Koehler v. HughesNew York Supreme Court · 1893
  5. McCarthy v. GallagherNew York Court of Common Pleas · 1893

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