Moore v. . Appleby
New York Court of Appeals
These are cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1885, which modified, so far as an additional allowance for costs was concerned, and affirmed as modified a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury.
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These are cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1885, which modified, so far as an additional allowance for costs was concerned, and affirmed as modified a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Reported below, 36 Hun, 368.) This action was brought to recover back the portion of the purchase-price paid by plaintiff under a contract between them and defendant for a sale, by the latter of certain premises, situate in the city of Hew York,…
1Opinion of the CourtDakfobth, J.
The title offered to the plaintiffs, came to the defendant through the will of Gideon Tucker, and under proceedings in partition instituted by George W. Tucker, as trustee, but to which action certain persons entitled to the property in remainder were not made parties. It is clear that an estate in trust merely for the benefit of the cestui gw trust cannot be set up against them. As to them the principle contained in the maxim “ res inter aUos acta alterinocere non debit,” applies and the court below properly held (36 Hun, 368) that they would not be concluded by the partition judgment. It…
2Cases cited1 opinion
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
3Cited by18 opinions
- Campbell v. . StokesNew York Court of Appeals · 1894
- French v. FrenchIndiana Court of Appeals · 1915
- Train v. DavisNew York Supreme Court · 1906
- Eisler v. HalperinSupreme Court of New Jersey · 1916
- Zorn v. McFarlandThe Superior Court of the City of New York and Buffalo · 1894
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