Thomas v. . Harmon
New York Court of Appeals
Appeal from so much of a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1888, as reversed a portion of a judgment of the County Court of Genesee county in favor of plaintiff entered upon the decision of the county judge.
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Appeal from so much of a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1888, as reversed a portion of a judgment of the County Court of Genesee county in favor of plaintiff entered upon the decision of the county judge. This action was brought in said County Court to reform, and foreclose as reformed, a mortgage dated March 14, 1881, executed by the defendant Harriet E. Harmon to Jerome 0. Guiteau, as treasurer of Genesee county, to secure the pay. ment of $350 in two years, with semi-annual…
1Opinion of the CourtVann, J.
The object of this action, as the complaint shows, was first to reform and then to foreclose the mortgage in question. The findings of the trial court and the judgment entered thereon effected that object so far as the County Court had jurisdiction to entertain such an action and to make such a decree. The fact that an ageement was entered into by the parties but that, through mutual mistake, the mortgage in its written form did not express what was really intended by them, as found by the court, was warranted by the evidence and was sufficient to authorize a court of equity to decree…
2Cases cited3 opinions
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
- Rider v. . PowellNew York Court of Appeals · 1863
- Griswold v. . SheldonNew York Court of Appeals · 1851
3Cited by21 opinions
- Curtis v. . AlbeeNew York Court of Appeals · 1901
- People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
- Poster v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
- First Federal Savings & Loan Ass'n v. SmithAppellate Division of the Supreme Court of the State of New York · 1981
- Matter of BakerNew York Court of Appeals · 1903
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