Blum v. Hoffkins — 244 N.Y. 531

Majority

p. 531

Anna Blum, Appellant, v. Edith H. Hoffkins et al., Respondents, and The County Trust Company, Appellant.

Headnote

Mortgage — foreclosure—fraud—■action to foreclose mortgage on real property — defenses that signature had been obtained by fraud without consideration and that execution had never been acknowledged.

Blum v. Hoffkins, 210 App. Div. 748 , affirmed.

(Argued November 23, 1926;

decided December 31, 1926.)

Appeal from a judgment, entered December 29, 1924, upon an order of the Appellate Division of the Supreme

p. 532

Court in the second judicial department reversing a judgment in favor of the plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was to foreclose a mortgage on real property. The defense was that the mortgage was signed by the alleged mortgagor without knowledge or information as to its nature or that it affected her interest in the real property in suit; that the instrument was never acknowledged by her and that she had received no consideration therefor.

Benjamin M. Freeman for plaintiff, appellant.

Henry M. Bellinger, Homer A. Stebbins and J. Elmer Melick for defendant, appellant.

Arthur F. Engel for defendants, respondents.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.