Andrew D. Baird Holding Corp. v. Burns Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Burns Bros., from so much of an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 24th day of October, 1922, striking out the amended answer of defendant Burns Bros, and granting judgment in favor of the plaintiff and as grants judgment in favor of the defendants Andrew D. Baird and another for costs, and also from the judgment entered in said clerk’s office on the 27th day…
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Appeal by the defendant, Burns Bros., from so much of an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 24th day of October, 1922, striking out the amended answer of defendant Burns Bros, and granting judgment in favor of the plaintiff and as grants judgment in favor of the defendants Andrew D. Baird and another for costs, and also from the judgment entered in said clerk’s office on the 27th day of October, 1922, pursuant to said order. Judgment and order unanimously affirmed, with costs, on the opinion of Mr.…
1Opinion of the Court
The following is the opinion delivered at Special Term:
Lewis, J.:
The pleadings and affidavits on this motion show that plaintiff’s assignor, the defendant Andrew D. Baird, conveyed to the defendant Mann, who acted as a conduit for the purpose of transferring the title from Baird to Burns Bros., certain real property for the sum of $80,000, $30,000 payable in cash and the balance by giving *602a bond and purchase-money mortgage for $50,000, which was executed by Mann, the- principal sum of which was guaranteed by Burns Bros. This action is at law to recover the $50,000 recited in the bond which…
2Cases cited5 opinions
- Thorp v. . the Keokuk Coal Co.New York Court of Appeals · 1872
- Wheeler v. . State of New YorkNew York Court of Appeals · 1907
- Burns Bros. v. . the City of New YorkNew York Court of Appeals · 1921
- Burns Bros. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Steiber v. PALUMBOOregon Supreme Court · 1959
- Harmon National Real Estate Corp. v. EganNew York Supreme Court · 1930