Sheehan v. Erbe
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Sheehan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of April, 1902, upon the decision of the court rendered after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 29th day of April, 1902, denying the plaintiff’s motion to correct the judgment entered as aforesaid by striking therefrom the words “…
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Appeal by the plaintiff, William Sheehan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of April, 1902, upon the decision of the court rendered after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 29th day of April, 1902, denying the plaintiff’s motion to correct the judgment entered as aforesaid by striking therefrom the words “ upon the merits.”
1Opinion of the Court
McLaughlin, J. ;
This action was brought to have an assignment of a lease of certain real estate in the city of New York declared fraudulent and void and canceled of record, or else to have such assignment declared one in trust for the benefit of plaintiff’s creditors and reformed accordingly, and to compel defendant to account for the rents received, and for other relief.
The answer admitted the assignment of the lease, but denied the other material allegations of the complaint. It also alleged, as a separate defense, that the plaintiff assigned the lease to the defendant upon his agreeing to…
2Cases cited2 opinions
- Green v. . RoworthNew York Court of Appeals · 1889
- Rosevear v. SullivanAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by7 opinions
- Johnson v. Mobil Oil Corp.District Court, E.D. Michigan · 1976
- Kelly v. KellyNew York Supreme Court · 1921
- Sheehan v. ErbeAppellate Division of the Supreme Court of the State of New York · 1905
- Barnes v. WatermanNew York Supreme Court · 1907
- Sheehan v. ErbeAppellate Division of the Supreme Court of the State of New York · 1905
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