Legal Opinion

London v. Epstein

Appellate Division of the Supreme Court of the State of New York

Decided May 26, 1910No. 1PublishedCited by 3 opinions

Appeal by the plaintiff, Meyer London, as trustee, etc., from a judgment of .the Supreme Court in favor of the defendant Hyman S. Shlevin, entered in the office of the .clerk of the county of Kings on the 28th day of January, 1910, upon the decision of the court, pursuant to section 547 of the Code.of Civil Procedure, rendered after a trial at the Kings County Special Term, dismissing the amended complaint as to the said defendant, and also (as stated in the notice of…

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Appeal by the plaintiff, Meyer London, as trustee, etc., from a judgment of .the Supreme Court in favor of the defendant Hyman S. Shlevin, entered in the office of the .clerk of the county of Kings on the 28th day of January, 1910, upon the decision of the court, pursuant to section 547 of the Code.of Civil Procedure, rendered after a trial at the Kings County Special Term, dismissing the amended complaint as to the said defendant, and also (as stated in the notice of appeal) from said decision entered in said clerk’s office on the same day.

1Opinion of the Court

Jenks, J.:

The plaintiff, as trustee in bankruptcy .of Hyman Epstein, appeals from a judgment of the Special Term that dismisses his .complaint on the pleadings, in that it does not state facts sufficient to constitute a cause, of action. The plaintiff, who was appointed •trustee in February,. 1908, complains that in 1905 Bisnicoff con-véyed certain realty to .the defendant Solomon Epstein.; that the purchase price therefor was paid by Hyman Epstein, the bankrupt, who, with the knowledge and consent of Solomon Epstein, caused the title to be taken by the latter; that they intended thereby to…

2Cases cited10 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Southard v. . BennerNew York Court of Appeals · 1878
  3. The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
  4. Garfield v. . HatmakerNew York Court of Appeals · 1857
  5. Dudley v. EastonSupreme Court of the United States · 1881

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3Cited by3 opinions

  1. Douglas v. KohartAppellate Division of the Supreme Court of the State of New York · 1921
  2. Hoskins v. JohnstonSupreme Court of Iowa · 1928
  3. Landon v. FisherNew York Supreme Court · 1923

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