Legal Opinion

Sohns v. Beavis

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

Decided July 13, 1909Published

Appeal by the plaintiff, F. William .Sohns, from a judgment of the Supreme Court in favor of the defendants^ entered in the office of the clerk of the county of HeW York on the 30th day of December, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint'upon the merits. "

1Opinion of the Court

Scott, J.:

The plaintiff appeals from a judgment dismissing his complaint. The action is to recover back moneys paid upon a purchase of real estate at auction. The. property was advertised for sale- by .the defendant Kennedy, an auctioneer. Títere were- a number of lots to be sold, and a few days before the sale plaintiff procured from the'auctioneer a map and description of the property. This paper, although read in evidence, is not printed in the record, but it is testified to that it stated that' the property was restricted against nuisances, but contained no statement as to any other…

2Cases cited3 opinions

  1. Feltenstein v. ErnstAppellate Terms of the Supreme Court of New York · 1906
  2. Feltenstein v. ErnstAppellate Division of the Supreme Court of the State of New York · 1906
  3. Schnitzer v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1907

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