Nash v. Moore 219 N.Y. 601

Lewis H. Nash, as Trustee under the Will of Lewis Hallock, Deceased, Respondent, v. Kate Moore, Appellant.

Nash v. Moore, 165 App. Div. 67, affirmed.

(Argued October 18, 1916;

decided November 3, 1916.)

Appeal from a judgment, entered January 27, 1915, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgment in favor of defendant, entered upon a dismissal of the complaint by the court on trial at Special Term, and directing judgment in favor of plaintiff upon the merits in an action to set aside and cancel of record a forged assignment of two mortgages. The mortgage securities were in the hands of plaintiff’s attorney who forged an assignment thereof and delivered them to defendant for value. The question was as to who was to suffer from the misconduct of the attorney.

Charles Coleman Miller and Walter JR. Davies for appellant.

Jeremiah F. Connor, Edward P. Lyon and William B. Shelton for respondent.