McKinley v. Hessen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Susan Hessen, from a judgment of the Supreme Court in favor of the plaintiff, .entered in the office of the clerk of the county of Queens on the 3d day of May, 1909, upon the decision of the court rendered after a trial at the Queens County Special Term.
1Opinion of the Court
Jenks, J.:
The plaintiff paid the consideration money for certain improved real estate which at his instance was conveyed absolutely to his sister, the defendant. Mo trust resulted. (Real Prop. Law, § 74.) It was neither pleaded nor proved that there was fraud in that transaction. But the plaintiff sues for a specific performance of an alleged parol agreement that the defendant would take title to . the *834premises, hold them for him and convey them to him or to his nominee upon demand. The defendant denies the agreement, contends that the purpose of the transaction was a gift from the plaintiff…
2Cases cited7 opinions
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Robbins v. . RobbinsNew York Court of Appeals · 1882
- Rathbun v. RathbunNew York Supreme Court · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McIntyre v. DawesMontana Supreme Court · 1924
- Woolley v. StewartAppellate Division of the Supreme Court of the State of New York · 1915