Walton v. Rafel
New York Court of Common Pleas
Appeal from district court. Action by John Douglas Walton and another against Will. Eafcl, impleaded with others, for forcible entry and detainer under a stipulation that the sole question in controversy is whether the instrument set out below is assignable. The persons designated as parties of the first part are plaintiffs, and the parties of the second part are the Kaliskies, defendant’s assignors. There was a judgment in favor of plaintiffs, and defendant Eafel appeals.
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Appeal from district court. Action by John Douglas Walton and another against Will. Eafcl, impleaded with others, for forcible entry and detainer under a stipulation that the sole question in controversy is whether the instrument set out below is assignable. The persons designated as parties of the first part are plaintiffs, and the parties of the second part are the Kaliskies, defendant’s assignors. There was a judgment in favor of plaintiffs, and defendant Eafel appeals. Reversed. The instrument, the assignability of which is in question, is as follows: (1) The parties of the first part…
1Opinion of the CourtPryor, J.
The prompt disposition of the appeal, entreated by counsel on the argument, precludes the possibility of an opinion at commensurate with the thoroughness of the able and exhaustive briefs with which we are favored We must be content barely to state the grounds of our decision. Conceding, for argument,- the position of the respondents, that the instrument under examination is not a lease, still we.are unable to detect in its terms any indication of such personal trust and confidence reposed in the Kalisldes as would render the contract unassignable by them. Every party to an agreement confides…
2Cases cited7 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Richardson v. . HughittNew York Court of Appeals · 1879
- Cassidy v. . HallNew York Court of Appeals · 1884
- Lacy v. . GetmanNew York Court of Appeals · 1890
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3Cited by2 opinions
- Canister Co. v. National Can CorporationDistrict Court, D. Delaware · 1947
- Jetter v. ScollanAppellate Terms of the Supreme Court of New York · 1905