Hughes v. . Harlam
New York Court of Appeals
Appeal from a final judgment of the Supreme Court, entered in favor of plaintiff November 29, 1899, upon an order of the Appellate Division in the first judicial department, affirming an interlocutory judgment entered upon a decision of the court on trial at Special Term.
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Appeal from a final judgment of the Supreme Court, entered in favor of plaintiff November 29, 1899, upon an order of the Appellate Division in the first judicial department, affirming an interlocutory judgment entered upon a decision of the court on trial at Special Term. This action was brought to recover and redeem certain personal property, of which defendant, upon the death of plaintiff’s intestate, took possession, claiming to be entitled to the same under an alleged bill of sale. The facts, so far as material, are stated in the opinion. The defendant acquired a defeasible title to the…
1Opinion of the Court
Parker, Ch. J.
Albert E. Hughes, at the time of the execution of the agreement herein by the defendant and himself, received from defendant the sum of three thousand dollars, and died before paying the loan. Defendant thereupon took possession of the property, claiming to be the absolute owner by virtue of the agreement. But the judgment under review provides that the administrator of Hughes’ estate is entitled to redeem upon the payment of the amount due upon the note less the amounts realized by the defendant upon the conduct of the business. The agreement is as follows:
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2Cases cited4 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Charter v. StevensNew York Supreme Court · 1846
- Matthews v. . SheehanNew York Court of Appeals · 1877
3Cited by19 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Indianapolis Morris Plan Corp. v. KarlenNew York Court of Appeals · 1971
- Johnson v. National Bank of CommerceWashington Supreme Court · 1911
- Basile v. Erhal Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Comtel Corp. v. CommissionerUnited States Tax Court · 1965
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