Legal Opinion

Sheehan v. Erbe

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 7 opinions

Appeal by the defendant, William Erbe, from an interlocutory judgment of the Supreme Gourt in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of March, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging the assignment of a certain lease from the plaintiff to the defendant to be fraudulent, null and void, and setting aside and vacating said assignment and directing that the…

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Appeal by the defendant, William Erbe, from an interlocutory judgment of the Supreme Gourt in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of March, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging the assignment of a certain lease from the plaintiff to the defendant to be fraudulent, null and void, and setting aside and vacating said assignment and directing that the same be canceled of record.

1Opinion of the Court

Ingraham, J:

This action was before this court .on a former appeal from a judgment in favor of the defendant (77 App. Div. 176). We held that there existed between the plaintiff and the defendant a relation of trust and confidence, and that upon the defendant rested the burden of showing that the transaction which resulted in vesting the title of the leasehold in the defendant was a fair one, and that the plaintiff fully understood the contents of the assignment executed by him and its effect; and that the defendant did not take undue and unconscionable advantage of him.

Upon this appeal the…

2Cases cited1 opinion

  1. Sheehan v. ErbeAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by7 opinions

  1. Heine v. Colton, Hartnick, Yamin & ShereskyDistrict Court, S.D. New York · 1992
  2. Greene v. GreeneAppellate Division of the Supreme Court of the State of New York · 1981
  3. In re the Administration ofGoods, Chattels & Credits that Were of HollandAppellate Division of the Supreme Court of the State of New York · 1906
  4. Cohen v. HandelmanCivil Court of the City of New York · 1970
  5. La Forge v. CornellAppellate Terms of the Supreme Court of New York · 1911

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