Hawes v. Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel J. Clarke, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 26th day of June, 1912, upon the decision of the court after a trial at the New York Special Term.
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Appeal by the defendant, Samuel J. Clarke, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 26th day of June, 1912, upon the decision of the court after a trial at the New York Special Term. The judgment requires defendant to cause to be removed from the files of the registrar of the county of New York “ all the papers filed by him in said office on or about the 6th and 1th days of February, 1911,” and requiring said registrar to cancel notations made by him “among the ‘Memorials’ on plaintiff’s certificate of…
1Opinion of the Court
Laughlin, J.:
This action was brought and tried and the judgment was rendered upon the theory that the filing of the papers, which by the judgment defendant is required to remove, and notations thereof by the registrar among the memorials on the original certificate of title on file with said registrar constitute a cloud on plaintiff’s title. The plaintiff also demanded judgment for damages for slander of title, but the court found that defendant was not actuated by malice and that plaintiff failed to prove any .damage.
The plaintiff owns the premises known as 241 West One Hundred and Fourth…
2Cases cited5 opinions
- Hawes v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Townsend v. Mayor of New YorkNew York Court of Appeals · 1879
- Bernstein v. SchoenfeldAppellate Division of the Supreme Court of the State of New York · 1903
- Sanders v. People's Co-operative Ice Co.New York Supreme Court · 1904
- Sundermann v. PeopleAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Chicago Auditorium Ass'n v. WillingCourt of Appeals for the Seventh Circuit · 1927