Legal Opinion

De Blase v. Hartfield

New York Supreme Court

Decided December 15, 1900PublishedCited by 2 opinions

Action by plaintiff to cancel a mortgage for $3,000, dated Inly 20, 1895, payable November 1, 1895, to Henry Hartfield, on the ground that her name was forged to the mortgage and that the certificate of acknowledgment is false.

1Opinion of the CourtRussell, J.

The plaintiff by this action seeks to cancel a mortgage for $3,000, bearing date July 20, 1895, recorded in New York county August 20, 1895, payable the 1st day of November, 1895, to Henry Hartfield, on the ground that her name was forged to the mortgage and the certificate of acknowledgment is false.

At the threshold of the trial she is met with an objection to the investigation of the facts, which counsel for both parties agree shall be disposed of in limine, as,'if the objection be held to be conclusive, a large amount of testimony, upon the issue raised as to whether the mortgage is the…

2Cases cited3 opinions

  1. Dwight v. . St. JohnNew York Court of Appeals · 1862
  2. Culross v. . GibbonsNew York Court of Appeals · 1892
  3. Aldridge v. WalkerNew York Supreme Court · 1893

3Cited by2 opinions

  1. Hope v. ShevillAppellate Division of the Supreme Court of the State of New York · 1910
  2. Ridley v. SudbrinkAppellate Terms of the Supreme Court of New York · 1918

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