TICHENOR v. PEOPLES SAV. BANK OF YONKERS


282 A.D. 1053 (1953)

Jay H. Tichenor et al., Copartners Doing Business as Tichenor & Co., Appellants, v. Peoples Savings Bank of Yonkers, New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 7, 1953.


Judgment unanimously affirmed, with costs.

The agreement for the purchase and sale of the mortgage loan was conditioned upon the approval by counsel for defendant savings bank of the "loan documents, title policies, supporting papers, and all other matters pertaining thereto". Counsel refused to approve the transaction, and the sale was not consummated because of doubt as to the validity of the note and mortgage in view of the trust company's failure to qualify to...

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