Guilfoyle v. Pierce
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Catherine E. Pierce and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of April, 1907, upon the decision of the court rendered after a trial at the New York Special Term canceling a deed upon the ground of fraud, directing that a sufficient warranty deed be executed, and also directing an accounting.
1Opinion of the Court
McLaughlin, J.:
In 1893 the plaintiff owned a lot of land in the city of Brooklyn and the defendant Catherine E. Pierce had a lease of a livery stable in the city of New York and owned its good will, stock, fixtures and contents. In consideration of $11,000 Mrs. Pierce transferred such business, including an assignment of the lease, to plaintiff’s husband, James F. Guilfoyle. Two thousand dollars of the consideration was paid in cash; $1,000 by the assignment of a bond and mortgage; $3,500 by a conveyance of plaintiff’s property, and the balance, $4,500, by the giving of a chattel mortgage on…
2Cases cited5 opinions
- Francis v. . N.Y. B. El. R.R. Co.New York Court of Appeals · 1888
- Tyson v. RanneyWisconsin Supreme Court · 1895
- Guilfoyle v. PierceAppellate Division of the Supreme Court of the State of New York · 1896
- Pierce v. LeesAppellate Division of the Supreme Court of the State of New York · 1897
- Guilfoyle v. PierceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Fox v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1913
- Insurance of Pennsylvania v. Park & Pollard Co.Appellate Division of the Supreme Court of the State of New York · 1920