Appellate Division of the Supreme Court of New York, 1951

Scarane v. T. H. Fraser Mortgage Corp.

Scarane v. T. H. Fraser Mortgage Corp.
Appellate Division of the Supreme Court of New York · Decided October 15, 1951
279 A.D. 602; 107 N.Y.S.2d 462; 1951 N.Y. App. Div. LEXIS 3159
Scarane v. T. H. Fraser Mortgage Corp.

Opinion of the Court

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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