Brown v. . Farmers' Loan Trust Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 28,1889, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover the proceeds of fifteen bonds of $1,000 each, with interest, which were made by Simeon P. Buckner of the city of Chicago, and secured by mortgage upon real estate situated there.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 28,1889, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover the proceeds of fifteen bonds of $1,000 each, with interest, which were made by Simeon P. Buckner of the city of Chicago, and secured by mortgage upon real estate situated there. The bonds in controversy were the property of Mary R. Burnside at the time of her death, which occurred on the 9th of March, 1876; she left a will by which…
1Opinion of the CourtFinch, J.
The argument in behalf of the appellant is extremely difficult to answer if we suffer ourselves to be tied down by the form of the transaction and shut our eyes to its substance. But if we have courage to cut through the technical outside shell, we shall find within nothing which the law condemns or which drives us to the commission of a regretted injustice.
Let almost everything urged on behalf of the appellant be admitted for the sake of the argument, though without so deciding. Let us concede that the will of Mrs. Burnside gave to her husband only a life estate with a power of sale and…
2Cited by18 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Lewis v. AllenSupreme Court of Oklahoma · 1914
- Burke v. BurkeCourt of Appeals of Maryland · 1954
- Hartman v. Butterfield Lumber Co.Supreme Court of the United States · 1905
- Coffin v. BradburyIdaho Supreme Court · 1894
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