176 A.D. 145 | N.Y. App. Div. | 1916
Mrs. Fint, who died November 14, 1907, owned a bond and mortgage given by Maziroff upon purchasing land. He conveyed to Fidler on June 11, 1906. Roehr, Fint’s lawyer, obtained the bond and mortgage upon the pretense of paying a tax on it,, and assigned it to Remsen, forging Fint’s mark, and, as a notary public, certifying to a false acknowledgment on July 24, 1906. The assignment was recorded July 31, 1906. Remsen paid nothing, but took the bond and mortgage with other assignments to the end that he, Roehr, and Montgomery, might turn them over to the Montauk Brewing Company, of which Roehr became president and Remsen secretary. For money advanced the securities were assigned to defendant Heffron on October 17, 1906. Mrs. Fint learned in April, 1907,
The judgment should be reversed, without costs in any court, and judgment entered for the plaintiffs in conformity to this opinion, and in favor of Eidler against Heffron for the moneys paid him on April 30,1907, with interest on the sum of $1,500.
Jenks, P. J., Carr, Rich and Putnam, JJ., concurred.
Judgment reversed, without costs in any court, and judgement entered for the plaintiffs in conformity with opinion by Thomas, J., and in favor of Eidler against Heffron for the moneys paid him on April 30,1907, with interest on the sum of $1,500. Order to be settled before Mr. Justice Thomas.