Clark v. . Post
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme -Court in the second judicial department, entered upon an order made July 2, 1887, which affirmed a judgment in favor of •plaintiff, entered upon a verdict, and also affirmed an order .denying a motion for a new trial; also appeal from an order .of said General Term, made' September 19, 1887, which .affirmed an order of Special Term-, awarding costs to plaintiff.
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Appeal from judgment of the General Term of the Supreme -Court in the second judicial department, entered upon an order made July 2, 1887, which affirmed a judgment in favor of •plaintiff, entered upon a verdict, and also affirmed an order .denying a motion for a new trial; also appeal from an order .of said General Term, made' September 19, 1887, which .affirmed an order of Special Term-, awarding costs to plaintiff. The "action was brought against the executors of James B. Huntting to recover back money alleged to have been paid to him upon a consideration which had failed. The material…
1Opinion of the CourtDanforth, J.
It appears that "William Buck and William Buck, Jr., became bankrupts, and on the 3d of July, 1877, Huntting was appointed their assignee. At that time, Sibyl T. Buck, wife of William, had the title to certain real estate in Sag Harbor, and, to facilitate a compromise then under ■ consideration, conveyed it to Huntting, as assignee, by deed absolute in form, but upon paroi condition that it should be void and of no effect if the proposed compromise fell through. It did fail. Afterwards (February 13, 1878), Huntting, as assignee, offered the real estate for sale at auction, upon certain terms,…
2Cases cited2 opinions
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- Weiner v. Yale Knitting MillsAppellate Division of the Supreme Court of the State of New York · 1910
- Peters v. McLarenCourt of Appeals for the Sixth Circuit · 1914
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