Legal Opinion

Marvin v. . Prentice

New York Court of Appeals

Decided January 15, 1884PublishedCited by 15 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 15, 1881, which affirmed a judgment entered upon an order of Special Term setting aside a verdict for plaintiff and directing judgment for defendants.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 15, 1881, which affirmed a judgment entered upon an order of Special Term setting aside a verdict for plaintiff and directing judgment for defendants. The plaintiff, ■ in his complaint in this action, claims to recover damages by reason of the failure of the defendant to reconvpy to him certain real estate, which he, the plaintiff, had previously conveyed to one Jeremiah Harris at the request of the defendant. It is alleged that the conveyance, by the plaintiff…

1Opinion of the CourtMiller, J.

The principal question, upon which this case seems to have been determined, was whether the present action was barred by the judgment in the equity action which was set forth in the complaint. An examination .of this subject is rendered unnecessary, as our determination of another question disposes of the case. That question js as to plaintiff’s claim for damages, for even if it may be assumed that, in a proper case, an action might be maintained to recover damages, caused by reason of the fraudulent and wrongful acts and conduct of a party in obtaining a conveyance of lands from another, it…

2Cited by15 opinions

  1. Ritter v. RitterIllinois Supreme Court · 1943
  2. Cooper v. WeissblattAppellate Terms of the Supreme Court of New York · 1935
  3. Perlus v. SilverWashington Supreme Court · 1912
  4. Leslie v. CarterSupreme Court of Missouri · 1916
  5. Clarke v. Fidelity & Casualty Co.New York Supreme Court · 1967

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