Gugel v. Hiscox
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, May M. Gugel and another, from a judgment of the Supreme Court in favor Of "the defendants, entered in the office of the clerk of the county of Queens on the 28th day of July, 1909, upon the decision of the court, rendered after a trial at the Queehs County Special Term, dismissing the complaint upon the. merits in an action brought to cancel and set aside an agree-, ment and deed alleged to have been procured by defendants’ fraud and…
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Appeal by the plaintiffs, May M. Gugel and another, from a judgment of the Supreme Court in favor Of "the defendants, entered in the office of the clerk of the county of Queens on the 28th day of July, 1909, upon the decision of the court, rendered after a trial at the Queehs County Special Term, dismissing the complaint upon the. merits in an action brought to cancel and set aside an agree-, ment and deed alleged to have been procured by defendants’ fraud and misrepresentation.
1Opinion of the Court
Rich, J.:
The following facts aré uncontroverted: David Hiscox, the "father of the parties, died January 25, 1906, leaving a last will and testament, which was duly admitted to probate, under the ■ provisions of which letters testamentary issued among others to the defendants ; they qualified and have since served as executors. He had'for many years been engaged in the manufacture and sale of patent medicines and toilet articles, and o-wned'the trade marks used in connection with the business-, the formulas and recipes under which the medicines were manufactured, the buildings in which the busi*63…
2Cases cited5 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Kley v. . HealyNew York Court of Appeals · 1891
- Dolan v. CummingsAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Judicial Accounting of HiscoxAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by8 opinions
- Gugel v. . HiscoxNew York Court of Appeals · 1915
- Cundall v. U.S. Bank, N.A.Ohio Court of Appeals · 2007
- In re the Estate of AmusoNew York Surrogate's Court · 1958
- In re the Estate of FolmsbeeNew York Surrogate's Court · 1933
- In re the Judicial Settlement of the Account of WeberNew York Surrogate's Court · 1922
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