Bentley v. Gardner
Appellate Division of the Supreme Court of the State of New York
Appeal by the' plaintiff, William Bentley, from so much of a. judgment of the Supreme Court in favor of the defendant Elisha, W. Gardner, entered in the office of the clerk of the county of' Ontario on the 17th day of February, 1899, upon the decision of the court, rendered after a trial at the Ontario Special Term, as- dismisses-the complaint upon the merits as to said defendant, and declares-that the mortgage of the defendant Gardner is superior to the claim and equity of…
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Appeal by the' plaintiff, William Bentley, from so much of a. judgment of the Supreme Court in favor of the defendant Elisha, W. Gardner, entered in the office of the clerk of the county of' Ontario on the 17th day of February, 1899, upon the decision of the court, rendered after a trial at the Ontario Special Term, as- dismisses-the complaint upon the merits as to said defendant, and declares-that the mortgage of the defendant Gardner is superior to the claim and equity of the plaintiff in the premises described in the-complaint. On the 24th day of October, 1890, the plaintiff was the owner…
1Opinion of the Court
Hardin, P. J. :
Plaintiff testified that when he delivered the deed of October, 1890, to his wife, Sarah, and his son, Cassius M., lie received no other consideration than the stipulations found in the deed in respect to his annuity and support. The language of the deed in respect to the annuity to be paid to him and the support rendered is as follows : “ And the parties of the second part agree -to pay to the party of the first part an annuity of two hundred dollars ($200) a year, payable Sept. 1 & April 1, in each year, 1st annuity to be paid Sept. 1, 91, to the extent of $100 & $100…
2Cases cited6 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Acer v. . WestcottNew York Court of Appeals · 1871
- Perry v. Board of Missions of the Protestant Episcopal Church in the DioceseNew York Court of Appeals · 1886
- Schwinger v. . HickokNew York Court of Appeals · 1873
- Maroney v. . BoyleNew York Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Blenis v. Utica Knitting Co.New York Supreme Court · 1911
- Morse v. Howard Park Corp.New York Supreme Court · 1966
- Blenis v. Utica Knitting Co.New York Supreme Court · 1911
- Bentley v. GardnerAppellate Division of the Supreme Court of the State of New York · 1899