Van Allen v. Peabody
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles M. Peabody and another, as executors and trustees under the last will and testament of William H. Peabody, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 28th day of September, 1905 upon the verdict of a jury rendered after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 28th day of September, 1905, denying…
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Appeal by the defendants, Charles M. Peabody and another, as executors and trustees under the last will and testament of William H. Peabody, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 28th day of September, 1905 upon the verdict of a jury rendered after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 28th day of September, 1905, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The plaintiff is a real estate broker dealing in- business property in .the city of Buffalo. The defendants owned a saloon fronting on Washington street in that' city, which is a street parallel to and adjacent to Main streets A man named Kinne owned a store on Main street and had purchased through the plaintiff, as agent, a saloon called the '“ Gold Dollar ” immediately south, of. his store building, taking the title, however, in the name of another party for the reason that he. feared his reputation as a church member might be impaired if it became known he Was owning that class…
2Cases cited4 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Kiersted v. . O. and A.R.R. Co.New York Court of Appeals · 1877
- Williams v. MageeAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Baldwin v. Wanagru Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1930
- Van Allen v. PeabodyAppellate Division of the Supreme Court of the State of New York · 1908