Sistare v. Heckscher
New York Supreme Court
Appeal from special term, New York county. Action by Margaret Sistare against Austin Heckscher to set aside a conveyance on the ground of misrepresentation and fraud. From a judgment directing the reconveyance of the property, defendant appeals.
1Opinion of the CourtPatterson, J.
We see no reason for disturbing the judgment here appealed from. The merits of the controversy are decidedly with the plaintiff, and the findings of the learned judge in the court below are abundantly sustained by the evidence. All the circumstances surrounding the execution and delivery of the deed; the suddenness of the demand or appeal made Upon the plaintiff by her husband to rescue his firm from an impending peril; the assurance to her that it was but a matter of form; the added representation that, if the property were conveyed to the defendant, money would be advanced to aid the firm…
2Cases cited4 opinions
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Whelan v. WhelanNew York Supreme Court · 1824
- Potts v. . HartNew York Court of Appeals · 1885
- Bergen v. UdallNew York Supreme Court · 1858
3Cited by4 opinions
- National Bank v. CoxAppellate Division of the Supreme Court of the State of New York · 1900
- Curran v. F. & M. Schaefer Brewing Co.Appellate Terms of the Supreme Court of New York · 1915
- Girty v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1896
- White v. RasinesNew York Supreme Court · 1892