Commercial Bank v. Catto
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Beaman Catto, from a judgment of the Supreme Court in favor of the 'plaintiffs, entered in the office of the clerk of the county of Monroe on the 3d day of August, 1896, upon the decision of the court rendered after a trial at the Monroe Special Term.. This action was brought to foreclose a bond and mortgage executed by James E. Briggs to his son, William-II.
Read the full summary
Appeal by the defendant, Beaman Catto, from a judgment of the Supreme Court in favor of the 'plaintiffs, entered in the office of the clerk of the county of Monroe on the 3d day of August, 1896, upon the decision of the court rendered after a trial at the Monroe Special Term.. This action was brought to foreclose a bond and mortgage executed by James E. Briggs to his son, William-II. Briggs, dated the 28th of October, 1892. The bond was in the penalty of $60,000, and the mortgage secured the payment of $30,000, and it provided that $1,000, with interest, should be payable every six months…
1Opinion of the Court
Ward, J.:
The defense of the appellant Catto and of the defendant Foltz to the bond and mortgage in suit was based upon an assumed fraud that had been practiced by the defendant .Briggs upon Foltz. The finding of the trial court, that no fraud had been perpetrated by Briggs and the plaintiff’s officers upon Foltz, is so far sustained by the evidence that we are not at liberty to overrule, the conclusions of the trial court upon the subject.
If we understand the contention of the appellant Catto it is that* oy reason of this assumed fraud, the mortgage in suit became vitiated and void, or at…
2Cited by4 opinions
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898
- Commercial Bank v. CattoAppellate Division of the Supreme Court of the State of New York · 1898
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898