Kirchner v. Schmid
New York Court of Common Pleas
Action by Michael Kirchner against Francis J. Schmid to have canceled of record a mortgage alleged to have been procured by the fraud of defendant’s agent, and to be void for want of consideration. Judgment for defendant.
1Opinion of the CourtBischoff, J.
While feeling for plaintiff the utmost sympathy because of the alleged financial ruin which it is claimed my adverse decision herein will inflict upon him, I cannot resist the conclusion that he is the victim of his own misplaced confidence in, I regret to be compelled to say it, an unworthy and dishonest attorney. Between two equally innocent persons, therefore, he must suffer the loss through whose fault the commission of the wrong was rendered possible. In brief, the facts are that in ¡November, 1889, plaintiff was the owner of two adjoining lots on One Hundred and Forty-Eighth street,…
2Cases cited7 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Brewster v. . CarnesNew York Court of Appeals · 1886
- Crane v. . GruenewaldNew York Court of Appeals · 1890
- Pepper v. Cairns, Pennsylvania Court of Common Pleas, Philadelphia County1890
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith v. CaputoNew York Court of Common Pleas · 1895