Appellate Division of the Supreme Court of New York, 1938

Barizi v. Title Guarantee & Trust Co.

Barizi v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of New York · Decided January 21, 1938
253 A.D. 830; 2 N.Y.S.2d 496; 1938 N.Y. App. Div. LEXIS 8821
Barizi v. Title Guarantee & Trust Co.

Opinion of the Court

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. ■

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