Jones v. Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of New York

Jones v. Title Guarantee & Trust Co.

251 A.D. 840, 296 N.Y.S. 771, 1937 N.Y. App. Div. LEXIS 7895

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 11, 1937

StatusPublished

This text of 251 A.D. 840 (Jones v. Title Guarantee & Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Title Guarantee & Trust Co., 251 A.D. 840, 296 N.Y.S. 771, 1937 N.Y. App. Div. LEXIS 7895 (N.Y. Ct. App. 1937).

Pincite

Opinion

Action for money had and received on the executed rescission of a transaction involving the purchase of a guaranteed mortgage certificate, where that certificate described the property covered by the mortgage involved as owned by a specific mortgagor, which property was not in fact entirely owned by that mortgagor. Judgment for the plaintiff, as amended, unanimously affirmed, with costs. There was implicit in the transaction a representation that the certificate that was to be delivered in connection with the receipt for money received from the plaintiff would evidence a participation in the mortgage covering property described therein and wholly owned by the mortgagor. That representation was incorrect and it was immaterial whether it was innocently made or not. The representation being untrue, upon discovery thereof the right to rescission arose in plaintiff. Present — Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Action for money had and received on the executed rescission of a transaction involving the purchase of a guaranteed mortgage certificate, where that certificate described the property covered by the mortgage involved as owned by a specific mortgagor, which property was not in fact entirely owned by that mortgagor. Judgment for the plaintiff, as amended, unanimously affirmed, with costs. There was implicit in the transaction a representation that the certificate that was to be delivered in connection with the receipt for money received from the plaintiff would evidence a participation in the mortgage covering property described therein and wholly owned by the mortgagor. That representation was incorrect and it was immaterial whether it was innocently made or not. The representation being untrue, upon discovery thereof the right to rescission arose in plaintiff. Present — Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D. 840, 296 N.Y.S. 771, 1937 N.Y. App. Div. LEXIS 7895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-title-guarantee-trust-co-nyappdiv-1937.