Donellen v. Ketchum
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Emma Donellen against Edgar Ketchum and another for the foreclosure of a mortgage. From a judgment in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtHatch, J.
This is an action to foreclose a purchase-money mortgage by the assignee thereof. It is disclosed by the pleadings and the proof in the case that the assignor of the plaintiff constructed the house upon which the mortgage is a lien, and sold the same to the plaintiff, taking as part of the purchase price therefor the mortgage in question. The complaint in the action is in the usual form. The answer averred as a defense thereto that the assignor of the plaintiff at the time of the sale falsely and fraudulently represented certain material facts with respect to the building and its construction…
2Cases cited1 opinion
- Lanier v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Dunleavey v. DunleaveyAppellate Division of the Supreme Court of the State of New York · 1903