Rosenberg v. Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of New York

Rosenberg v. Title Guarantee & Trust Co.

250 A.D. 721, 293 N.Y.S. 58, 1937 N.Y. App. Div. LEXIS 8613

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 1937·Published

Opinion

Appeal from an order of the Appellate Term affirming a judgment of the City Court of the City of New York, County of Kings, in favor of plaintiffs, in an action to recover the purchase price of a mortgage certificate, with interest, after rescission on the ground of fraud. The only questions raised in this court were the lack of proper tender of the certificate and the ratification of the sale by subsequent acts of the plaintiff Kellerman. These were questions of fact. (Vail v. Reynolds, 118 N. Y. 297; Insurance Co. v. McCain, 96 U. S. 84; McNeilly v. Continental Life Ins. Co., 66 N. Y. 23; Adair v. Brimmer, 74 id. 539, 554; Pryor v. Foster, 130 id. 171, 176, 177; Whipple v. Prudential Ins. [722]*722Co., 222 id. 39, 46; 27 C. J. pp. 22-24, and cases cited.) Order unanimously affirmed, with, costs. Present — Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ.

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Appeal from an order of the Appellate Term affirming a judgment of the City Court of the City of New York, County of Kings, in favor of plaintiffs, in an action to recover the purchase price of a mortgage certificate, with interest, after rescission on the ground of fraud. The only questions raised in this court were the lack of proper tender of the certificate and the ratification of the sale by subsequent acts of the plaintiff Kellerman. These were questions of fact. (Vail v. Reynolds, 118 N. Y. 297; Insurance Co. v. McCain, 96 U. S. 84; McNeilly v. Continental Life Ins. Co., 66 N. Y. 23; Adair v. Brimmer, 74 id. 539, 554; Pryor v. Foster, 130 id. 171, 176, 177; Whipple v. Prudential Ins. [722]*722Co., 222 id. 39, 46; 27 C. J. pp. 22-24, and cases cited.) Order unanimously affirmed, with, costs. Present — Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ.

Rosenberg v. Title Guarantee & Trust Co., 250 A.D. 721, 293 N.Y.S. 58, 1937 N.Y. App. Div. LEXIS 8613 (N.Y. Ct. App. 1937).

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