Appellate Division of the Supreme Court of New York, 1935

Koechel v. Title Guarantee & Trust Co.

Koechel v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1935
246 A.D. 761
Koechel v. Title Guarantee & Trust Co.

Opinion of the Court

Action to recover the purchase price of two participating mortgage certificates in a mortgage covering vacant land in Queens county. The action is based on a rescission of the purchase on the ground of fraud and misrepresentation on the part of defendant. Amended judgment affirmed, with costs. No opinion. Lazansky, P. J., Young and Tompkins, JJ., concur; Hagarty and Carswell, JJ., dissent and vote for reversal and a new trial upon the ground that the determination of the jury is against the weight of the evidence.

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