Blinn v. . Schwarz
New York Court of Appeals
Appeal from a judgment entered December 7, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendants upon a verdict.
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Appeal from a judgment entered December 7, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendants upon a verdict. By her answer to a complaint in ejectment the defendant Julia Schwarz denied that she wrongfully withheld the land in question from the plaintiff, and alleged that she was in possession thereof by virtue of a deed executed to her by him on the 31st of March, 1890,…
1Opinion of the CourtYaw, J.
The deed in question and both powers of attorney were executed by the plaintiff when he was of unsound mind and incapable of attending to his affairs, as the jury might have found. About two years and a half after lie recovered his mind he sued his agent and trustee for a general accounting', and the allegations of his complaint would have permitted the recovery, among other moneys, of the sum of $77,750 paid by the defendant Julia Schwarz upon the purchase of the property in question. The plaintiff did not allege in his complaint in that action that his agent had received that sum, or any…
2Cases cited17 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Hughes v. . JonesNew York Court of Appeals · 1889
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
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3Cited by56 opinions
- Finch v. GoldsteinNew York Court of Appeals · 1927
- Ortelere v. Teachers' Retirement BoardNew York Court of Appeals · 1969
- Smith v. . RyanNew York Court of Appeals · 1908
- Bankers Trust Co. v. MartinAppellate Division of the Supreme Court of the State of New York · 1976
- Griffin v. SmithCourt of Appeals for the Seventh Circuit · 1938
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