Truman v. Lombard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin Lombard, Jr., in the first above-entitled action, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 19th day of October, 1895, upon the decision of the court rendered after a trial at the Westchester Special Term, and also from a final judgment entered in said clerk’s office on the 14th day of December, 1895. Also an appeal by the plaintiff,…
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Appeal by the defendant, Benjamin Lombard, Jr., in the first above-entitled action, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 19th day of October, 1895, upon the decision of the court rendered after a trial at the Westchester Special Term, and also from a final judgment entered in said clerk’s office on the 14th day of December, 1895. Also an appeal by the plaintiff, Benjamin Lombard, Jr., in the second above-entitled action, from an interlocutory judgment of the Supreme Court in favor…
1Opinion of the Court
Brown, P. J.:
The two above-entitled actions arose out of a single transaction, and the decision upon the appeals before us depends upon the same facts.
The first action was brought to rescind a contract whereby the respondent, in consideration of the payment to him of $23,000 in cash and the transfer of 512 shares of the capital stock of the State National Bank of Wichita, Kansas, agreed to sell and transfer to the appellant a bond and mortgage upon real estate in Westchester county.
The second action was brought to foreclose said mortgage, and the same facts which were set forth in the…
2Cited by3 opinions
- Newman v. LeeAppellate Division of the Supreme Court of the State of New York · 1903
- Chapman v. PenixCourt of Appeals of Texas · 1925
- Truman v. LombardAppellate Division of the Supreme Court of the State of New York · 1898