Barizi v. Title Guarantee & Trust Co.

253 A.D. 830, 2 N.Y.S.2d 496, 1938 N.Y. App. Div. LEXIS 8821

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 21, 1938
• Status: Published

Opinion

In an action in effect for money had and received, based upon a claimed executed rescission of the purchase of a bond and mortgage, which rescission was based on alleged false representations made by the defendant as to the quantum of the mortgaged premises, judgment in favor of the defendant dismissing the complaint on the merits after a trial by the court without a jury, unanimously affirmed, with costs. No opinion. Present — Hagarty, Carswell, Davis, Johnston and Taylor, JJ. ■