Gomez v. . Gomez
New York Court of Appeals
Appeal from final judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 5, 1894, which affirmed an interlocutory judgment sustaining defendants’ demurrers to the complaint.
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Appeal from final judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 5, 1894, which affirmed an interlocutory judgment sustaining defendants’ demurrers to the complaint. The action was brought by Edwin Gomez, a son of Hetty Gomez, deceased, and his four children, against Horatio Gomez, as trustee under the will of Hetty Gomez, and the representatives of the firm of Tracy & Russell, tenants in possession, for an adjudication that such tenants are not entitled to a renewal for twenty-one years of certain leases; declaring that…
1Opinion of the CourtHaight, J.
The demurrers interposed were upon the ground that the complaint did not state a cause of action. It, in substance, alleges that on the 2d day of May in the year 1821, one Harmon Hendricks, being then the owner in fee of the lands in question, executed and delivered a deed of the same to Solomon I. Isaacs, Hriah Hendricks and Hetty Hendricks upon the following trust: “ To pay over into the hands of Hetty Hendricks, at such dates and times as she might fix for the payment thereof, all the rents, issues and profits of the above bargained and described premises and to convey the said premises by…
2Cited by18 opinions
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- In re the Armory BoardNew York Supreme Court · 1899
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