Legal Opinion

Sheehan v. Erbe

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

Decided March 24, 1905PublishedCited by 4 opinions

Appeal from Special Term, New York County. Action by William Sheehan against William Erbe. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

1Opinion of the CourtIngraham, J.

This action was before this court on a former appeal from a judgment in favor of the defendant. 77 App. Div. 176, 79 N. Y. Supp. 43. The facts are there stated, and it is not necessary to restate them. 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…

2Cases cited1 opinion

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

3Cited by4 opinions

  1. Heine v. Colton, Hartnick, Yamin & ShereskyDistrict Court, S.D. New York · 1992
  2. La Forge v. CornellAppellate Terms of the Supreme Court of New York · 1911
  3. BGC Partners, Inc. v. Avison Young (Canada), Inc.District Court, D. Nevada · 2020
  4. In re McIntoshNew York Supreme Court · 1908

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