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Gross v. Rowley

Supreme Court of New York, Appellate Division

December 15, 1911

FRED L. GROSS and ABNER C. SURPLESS, Copartners, etc., Respondents,
v.
LEONARD ROWLEY, Appellant.

APPEAL by the defendant, Leonard Rowley, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiffs, rendered on the 26th day of May, 1911.

COUNSEL

Page 530

Lynn C. Norris, for the appellant.

Frederick A. Keck for the respondents.

OPINION

BURR, J.:

In February, 1911, plaintiffs entered into an agreement with defendant to loan to him the sum of $3,000 to be secured by a mortgage on real property on Decatur street, in the borough of Brooklyn, of which he claimed to be the owner. For their services in negotiating the loan and examining the title they were to receive $100. After such examination they refused to carry out the agreement, asserting that defendant's title to the premises was defective. Thereafter this action was brought to recover the sum which defendant had agreed to pay, and from a judgment in plaintiffs' favor this appeal is taken.

In April, 1903, Norman B. Randall, Francena Randall and Thurber L. Randall were the owners of record of the property referred to. Upon the trial defendant produced a paper purporting to be a deed from them. The certificate of acknowledgment indorsed thereon was in the following form:

'STATE OF RHODE ISLAND, )

'County of Providence. )

'In Providence on the sixteenth day of April, A.D. 1903, before me personally appeared Norman B. Randall, Francena Randall and Thurber L. Randall, to me known and known by me to be the parties executing the foregoing instrument, and acknowledged said instrument by them executed to be their free act and deed.

'HENRY F. THOMPSON,

' Notary Public.'

Plaintiffs contend that this acknowledgment is not sufficient to entitle this deed to be recorded. If that contention is well founded, this judgment must be affirmed. A material provision of the statute expressly required to be stated in a certificate of acknowledgment cannot be wholly disregarded and a deed thus acknowledged lawfully admitted to record. (Irving v. Campbell,121 N.Y. 354.) The fact that this instrument was recorded ...


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