Fatta v. Edgerton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maria A. Fatta, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 5th day of September, 1912, upon the decision of the court after a trial at the Erie Special Term.
1Opinion of the Court
Kruse, P. J.:
The action is brought to cancel a bond and mortgage executed by the plaintiff to the defendant to secure the payment of $2,800, covering certain premises situate in the city of Buffalo, upon the ground that the moneys, the payment of which the bond and mortgage were intended to secure, were not applied by the defendant as agreed between the parties.The action has been twice tried. Upon the first trial the plaintiff succeeded, but on appeal to this court the judgment was reversed and a new trial ordered. (143 App. Div. 658.) Upon the second trial plaintiff’s complaint was…
2Cases cited1 opinion
- Fatta v. EdgertonAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Frisch v. ShankwitzWisconsin Supreme Court · 1932