Boyd v. . De La Montagnie
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial' department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to set aside a transfer of what is known as “ a sailors’ snug harbor lease,” made by Caroline C. De La Montagnie, plaintiff’s testatrix, to a third person, and by him to her husband the defendant. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial' department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to set aside a transfer of what is known as “ a sailors’ snug harbor lease,” made by Caroline C. De La Montagnie, plaintiff’s testatrix, to a third person, and by him to her husband the defendant. The facts appear sufficiently in the opinion. Plaintiff’s intestate having transferred the property in suit under an entire misapprehension, and on the faith of false…
1Opinion of the Court
Church, Ch. J.
The trial judge found that certain shares in the steamer Gold Hunter were purchased by the defendant, in California, in his own name and on his own account, although it appears that the title was taken in the name of Mrs. De La Montagnie, the plaintiff’s testatrix. He also found that the adventure proved a failure, and that a considerable amount of debts existed against the steamer for which the owners were liable, but that Mrs. De La Montagnie was not, and the defendant was liable for said debts. He further found that the defendant exhibited to the testatrix a letter from his…
2Cases cited3 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Sears v. . ShaferNew York Court of Appeals · 1852
3Cited by65 opinions
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Stiles v. BreedSupreme Court of Iowa · 1911
- Thomas v. ThomasSupreme Court of Oklahoma · 1910
- Allen v. . La VaudNew York Court of Appeals · 1915
- Daniels v. BenedictCourt of Appeals for the Eighth Circuit · 1899
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