Scarane v. T. H. Fraser Mortgage Corp.

Appellate Division of the Supreme Court of New York

Scarane v. T. H. Fraser Mortgage Corp.

279 A.D. 602, 107 N.Y.S.2d 462, 1951 N.Y. App. Div. LEXIS 3159

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1951·Published·Cited by 4 cases

Opinion

It is our opinion that the contract should have been received in evidence and other excluded proof permitted to determine whether the subscription of the seller’s name in typewriting was authorized by the seller and made with the intention of subscribing the seller’s name within the intent and meaning of section 259 of the Real Property Law. (Bork v. Martin, 132 N. Y. 280. 285; Landeker v. Co-Operative Bldg. Bank, 71 Misc. 517, 518; Mesibov, Glinert & Levy v. Cohen Bros. Mfg. Co., 245 N. Y. 305, 310; Koch v. Regan, 272 App. Div. 920.) Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.

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It is our opinion that the contract should have been received in evidence and other excluded proof permitted to determine whether the subscription of the seller’s name in typewriting was authorized by the seller and made with the intention of subscribing the seller’s name within the intent and meaning of section 259 of the Real Property Law. (Bork v. Martin, 132 N. Y. 280. 285; Landeker v. Co-Operative Bldg. Bank, 71 Misc. 517, 518; Mesibov, Glinert & Levy v. Cohen Bros. Mfg. Co., 245 N. Y. 305, 310; Koch v. Regan, 272 App. Div. 920.) Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.

Scarane v. T. H. Fraser Mortgage Corp., 279 A.D. 602, 107 N.Y.S.2d 462, 1951 N.Y. App. Div. LEXIS 3159 (N.Y. Ct. App. 1951).

Pincite

279 A.D. 602 (Scarane v. T. H. Fraser Mortgage Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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