Widmayer v. Warner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur G. Humphries, from an order of the Supreme Court, made at a Special Term held in the county of Kings, for the county of Nassau, and entered in the office of the clerk of the county of Nassau on the 5th day of April, 1920, denying the said defendant’s motion for judgment on the pleadings.
1Opinion of the Court
The following is the opinion delivered-at Special Term:
Kapper, J.:
The legal effect and fair intendment of the allegations of the complaint show a loan by the defendant Humphries to the plaintiff of $1,000 and the taking of a deed by him in his name of the property foreclosed, of which the plaintiff had been the owner, as security for that loan, and that upon the plaintiff’s offer of the $1,000 so loaned said defendant refused to accept the same and maintained that the deed was absolute. This agreement, according to the bill of particulars, which is invoked upon this motion, was oral. Assuming…
2Cases cited7 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Woolley v. . StewartNew York Court of Appeals · 1918
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Carr v. . CarrNew York Court of Appeals · 1873
- Gage v. GageNew York Supreme Court · 1894
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3Cited by2 opinions
- In re the Estate of WechslerNew York Surrogate's Court · 1939
- Pike v. Naylon Securities Co.New York Supreme Court · 1931