Orthey v. . Bogan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 16, 1917, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage on real property, the defense of the mortgagee being that an assignment by her of the mortgage was obtained by fraud and that the plaintiff is not a holder for value.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 16, 1917, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage on real property, the defense of the mortgagee being that an assignment by her of the mortgage was obtained by fraud and that the plaintiff is not a holder for value. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtCrane, J.
Appolonia Bowden was induced by her son-in-law, Julius Scharmann, through fraud to make an assignment of the mortgage in question to him. She has no remedy against a bona fide holder thereof for value. The question presented by this appeal is whether upon the findings of the trial court which have been unanimously affirmed, the plaintiff appears to be a holder for value.
Prior to August 1, 1905, Appolonia Bowden was the owner of premises at the northwest corner of Bogart and Cook Streets, Brooklyn, New York. She conveyed the same to Abraham Bogan and Isaac Nishman, taking back a purchase-money…
2Cases cited4 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
- Howells v. . HettrickNew York Court of Appeals · 1899
3Cited by2 opinions
- Orthey v. . BoganNew York Court of Appeals · 1923
- Wilson v. BajardiCourt of Appeals for the Second Circuit · 1926