Gardner v. Wood
New York Supreme Court
The issues of law, raised by the demurrer herein, came on to-be heard by the court at a Special Term, Part V thereof, on the 6th day of January, 1902. The facts sufficiently appear in the-opinion. ...
1Opinion of the CourtGbeewbatjm, J.
The complaint alleges in effect that the defendant, an attorney-at-law, negligently advised and permitted the-plaintiff, as general guardian, to loan a certain sum of money upon a mortgage security upon certain real property, without disclosing the existence thereon of a prior mortgage; that plaintiff discovered that he had a second mortgage only after the institution of foreclosure proceedings under the first mortgage, and that upon-such foreclosure the property was sold and failed to realize more-than sufficient to pay the amount of the first mortgage. The complaint-further alleges that “by…
2Cases cited4 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Whitney v. . MartineNew York Court of Appeals · 1882
- Fay v. McGuireAppellate Division of the Supreme Court of the State of New York · 1897
- Arnold v. RobertsonNew York Court of Common Pleas · 1870
3Cited by2 opinions
- Widemshek v. FaleWisconsin Supreme Court · 1962
- Baldwin v. BernheimAppellate Division of the Supreme Court of the State of New York · 1931