Chorrmann v. Bachmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Philip Chorrmann and others, from a. judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of thé county of Richmond on the 23d day of January, 1906, upon the decision of the court, rendered after a trial at the Queens County Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiffs, Philip Chorrmann and others, from a. judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of thé county of Richmond on the 23d day of January, 1906, upon the decision of the court, rendered after a trial at the Queens County Special Term, dismissing the complaint upon the merits. This action was brought' to set aside and have declared fraudulent certain transfers of real property and- to impress a trust upon the real property.. Judgment affirmed, with costs, on the opinion of Mr. Justice Garretson at Special Term. ....
1Opinion of the Court
The.following is the opinion of Mr. Justice Garretson :
Garretson, J.:
■ That the conveyance of the premises in question on December 2nd 1885, by Joseph Lewis, as trustee under the will of Philip Chorr- . mann, deceased, to Frederick Baclnnann, and the reconveyance by *147Baclnnann to Lewis individually on the same day, was a constructive fraud, and that the; transaction was not void, but merely voidable- at the .election of the plaintiffs, who were beneficiaries : under the will, is virtually admitted by all parties, and is in harmony with well-settled principled. (Read v. Knell, 143 N. Y. 484.)
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2Cases cited3 opinions
- Yeoman v. TownshendNew York Supreme Court · 1893
- Smith v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1899
- Read v. . KnellNew York Court of Appeals · 1894
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- Smith v. HaleySupreme Court of Missouri · 1958
- New York Central & Hudson River Railroad v. CottleNew York Supreme Court · 1917
- Hart v. GoadbyNew York Supreme Court · 1911
- Spallholz v. SheldonAppellate Division of the Supreme Court of the State of New York · 1913
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