Legal Opinion

McMahon v. Allen

New York Supreme Court

Decided January 15, 1867Published

Appeal from a judgment of the General Term of the Supreme Comi, in the First Judicial District, reversing a judgment entered upon the report of a referee. This action was brought by Dennis McMahon, assignee of Charles T. Harrison, against Thomas C. Allen, to set aside a conveyance of property made by Harrison, the plaintiff’s assignor, to the defendant, upon the ground that it was procured by the defendant, from Harrison, by means of fraud.

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Appeal from a judgment of the General Term of the Supreme Comi, in the First Judicial District, reversing a judgment entered upon the report of a referee. This action was brought by Dennis McMahon, assignee of Charles T. Harrison, against Thomas C. Allen, to set aside a conveyance of property made by Harrison, the plaintiff’s assignor, to the defendant, upon the ground that it was procured by the defendant, from Harrison, by means of fraud. The action being referred to a referee for trial, he made his report that the fraud alleged was proved, and that the conveyance ought to be set aside.…

1Opinion of the CourtHunt, J.

the 22d of March, 1852, Charles T. Harrison was the owner of a life estate in No. 694 Houston Street, New York, as tenant in common with his brother Samuel. At the same time the defendant, was indebted to the said Charles in the sum of $500, for moneys received by him belonging to said Charles, from the surplus of the sale of No. 14 Charles Street, and for rents of said premises in Houston and Charles Streets, collected by defendant while assuming to act as agent for the said Charles T. The said Charles also had an- interest in certain trusts under his mother’s will, which, under some…

2Cases cited2 opinions

  1. Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
  2. Ayers v. LawrenceNew York Court of Appeals · 1874

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