Carnes v. Platt
The Superior Court of New York City
William R. Carnes was the plaintiff in this action, having been substituted for Arthur B. Carnes, deceased. George W. Platt and John L. Griffin were defendants. The facts are fully stated in our report of the previous decision, in volume 7 of this series, page 42. That decision was reversed by the court of appeals (see 2 Abb. Ct. App.
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William R. Carnes was the plaintiff in this action, having been substituted for Arthur B. Carnes, deceased. George W. Platt and John L. Griffin were defendants. The facts are fully stated in our report of the previous decision, in volume 7 of this series, page 42. That decision was reversed by the court of appeals (see 2 Abb. Ct. App. Dec., 159, note). The plaintiff recovered a judgment awarding him an estate for life in the premises described in the complaint, with a right to the present possession. Defendant appealed.
1Opinion of the Court
.By the Court.—Freedman—J.
This is the third time that this case comes before the .general term of this court. On each of the two former occasions (6 Robt., 270, and 1 Sweeny, 140), it was held that the facts of the case, as disclosed by the evidence, were not sufficient to establish that Houghton, delivered the deed in question to Wetmore, for the use of Anthony, absoltítely, and with intent to pass the title to Anthony prior to August *33910, 1854, the date of the record of the judgment of the Merchants’ Bank of Boston against Houghton, and that Wetmore so received it; and that consequently there…
2Cases cited3 opinions
- Williams v. . FitchNew York Court of Appeals · 1859
- Britton v. . LorenzNew York Court of Appeals · 1871
- Carnes v. PlattThe Superior Court of New York City · 1869
3Cited by2 opinions
- Middleton v. GriffithSupreme Court of New Jersey · 1894
- Toscani v. Quackenbush Co.Supreme Court of New Jersey · 1934