Horn v. . Keteltas
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment entered upon the decision of the court at Special Term in favor of plaintiff. The nature of the action and the facts appearing therein, are set forth in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment entered upon the decision of the court at Special Term in favor of plaintiff. The nature of the action and the facts appearing therein, are set forth in the opinion. In the cases asserting the equity rule that parol evidence is admissible to show a deed absolute on its face is a mortgage, there was no other written agreement defining the rights of the parties presented. (Hodges v. The T. M. and F. Fire Ins. Co., 8 N. Y., 416; Despard v. Walbridge, 15 N. Y., 374; Van Dusen v.…
1Opinion of the CourtAllen, J.
The action is for equitable relief, and especially for an accounting by the defendant for the rents and profits and the avails of the sale'of lands in Brooklyn, conveyed by the plaintiff to the defendant by. deed absolute upon its face, but which, the plaintiff claims, was intended as a mortgage, to secure a loan of money. In 1859, the plaintiff applied to the defendant for a loan of $10,000, upon the security of the property named, and after some negotiation, the sum required was advanced to the plaintiff, upon the delivery of an absolute deed of the property; the defendant, by an agreement,…
2Cases cited7 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
- Holmes v. GrantNew York Court of Chancery · 1840
- Sturtevant v. . SturtevantNew York Court of Appeals · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Carr v. . CarrNew York Court of Appeals · 1873
- Fiedler v. . DarrinNew York Court of Appeals · 1872
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
- Odell v. . MontrossNew York Court of Appeals · 1877
72 more not listed; retrieve them via the Exa API.