Messiah Home for Children v. . Rogers
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20,1914, which reversed an order of Special Term denying a motion by plaintiff for judgment in its favor upon the pleadings and sustaining defendants’ demurrer to the complaint and granted said motion with leave to defendants to withdraw the demurrer and answer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20,1914, which reversed an order of Special Term denying a motion by plaintiff for judgment in its favor upon the pleadings and sustaining defendants’ demurrer to the complaint and granted said motion with leave to defendants to withdraw the demurrer and answer. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.…
1Opinion of the CourtHiscock, J.
This action was brought to procure the cancellation of a mortgage for $600,000 held by the defendant Rogers on real estate conveyed by his father to the plaintiff, it being claimed that said mortgage is without consideration and that it was placed on said premises in violation of the terms of a gift made’ by the father to plaintiff of said premises which had been so accepted and acted on by the latter that it would be inequitable to permit such mortgage to stand. The question is whether the complaint alleges facts sufficient to entitle it to a judgment canceling said mortgage even though the…
2Cases cited3 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Miller v. . BallNew York Court of Appeals · 1876
- Young v. . OverbaughNew York Court of Appeals · 1895
3Cited by7 opinions
- Woolley v. . StewartNew York Court of Appeals · 1918
- Swerdloff v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.New York Court of Appeals · 1921
- City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 1978
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