Legal Opinion

McMahon v. . Allen

New York Court of Appeals

Decided September 5, 1866PublishedCited by 25 opinions

This was an action to set aside an assignment to the-defendant, as having been obtained in violation of a fiduciary relationship. The facts are stated at length in the opinion of the court.

1Opinion of the CourtHunt, J.

On the 22d of March, 1852, Charles T. Harrison was the owner of a.life estate in Ho. 694 Houston street, Hew 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 sales of Ho. 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. The said Charles also had an interest in certain trusts under his mother’s will, which, under some…

2Cases cited3 opinions

  1. The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
  2. Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
  3. Waldron v. . WillardNew York Court of Appeals · 1858

3Cited by25 opinions

  1. Graham v. Railroad Co.Supreme Court of the United States · 1880
  2. Traer v. ClewsSupreme Court of the United States · 1885
  3. Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
  4. United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
  5. Warner v. FlackIllinois Supreme Court · 1917

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