Davin v. . Isman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1919, affirming a judgment in favor of plaintiffs entered upon a decision of the c.ourt on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1919, affirming a judgment in favor of plaintiffs entered upon a decision of the c.ourt on trial at Special Term. The plaintiffs in this action sought to have a certain assignment of a mortgage adjudged null and void, delivered up to plaintiffs and the record thereof canceled upon the grounds that the same was without consideration, had not been executed by the mortgagee and had been obtained from the mortgagee in some illegal manner. Patrick Lilly, plaintiffs’ testator,…
1Opinion of the CourtHogan, J.
The plaintiffs have attacked the validity of the assignment and the burden rests upon them to establish by satisfactory evidence the allegations of their complaint, namely, that Patrick Lilly did not execute and deliver the assignment of the bond and mortgage to defendant, that the instrument was obtained from him in some illegal manner and without consideration. The burden thus imposed upon the plaintiffs has not been sustained.
The assignment of the mortgage was in the possession of defendant. Upon demand of the plaintiffs, the instrument was produced by her upon the trial, and at the…
2Cases cited3 opinions
- Fryer v. . RockefellerNew York Court of Appeals · 1875
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Carroll v. . DeimelNew York Court of Appeals · 1884
3Cited by15 opinions
- In re the Estate of MaulNew York Surrogate's Court · 1941
- Felin Associates Inc. v. RogersAppellate Division of the Supreme Court of the State of New York · 1971
- In re the Estate of DunneNew York Surrogate's Court · 1930
- Elliott v. WinnSupreme Court of Missouri · 1924
- Continental Oil Co. v. United StatesDistrict Court, S.D. New York · 1971
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