Fawcett v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lewis L. Fawcett, as receiver, etc., from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of New York-on the-8th day of June, 1905, overruling " the plaintiff’s demurrer to. the separate defenses contained, in the answer’of the .defendant, the City of New York.- ’ r . . . ’ ■
1Opinion of the Court
McLaughlin, J.:
The plaintiff, in "proceedings, supplementary to -execution, was appointed receiver of the property of one Edelmuth, and as such broughjt this action to determine the title tó, and recovér Edelmutli’s interest in, an award made to unknown owners for land taken by the city of New York for street purposes.
The complaint alleged, in substance, that on December 24,. 1897, Edelmuth was the" owner of an undivided one-sixth part. of. the land taken; that on that day title vested in the city of New York, for which an award of $336' was made to unknown owners; that on February 3, 1904,…
2Cases cited6 opinions
- Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
- De Puy v. . StrongNew York Court of Appeals · 1867
- Ballou v. . BallouNew York Court of Appeals · 1879
- Treacy v. EllisAppellate Division of the Supreme Court of the State of New York · 1899
- Goddard v. . StilesNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dickinson v. TysenAppellate Division of the Supreme Court of the State of New York · 1908
- Pierce v. Kinney, New York County Courts1912
- United States v. BakerU.S. Circuit Court for the District of Northern New York · 1910