Merry Realty Co. v. Shamokin & Hollis Real Estate Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 5, 1919, unanimously affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCrane, J.
The Shamokin & Hollis Real Estate Company, Incorporated, composed of people living in Shamokin, Pennsylvania, owned a block of lots at Hollis, Long Island. The plaintiff, the Merry Realty Company, Incorporated, owned No. 1057 Bergen street in the borough of Brooklyn. The companies exchanged their properties, the Merry Realty Company, Inc., acting through one Henry B. Martin, a mere dummy. The trial court found upon ample evidence that the Merry Realty Company, Inc., brought about the exchange by means of gross fraud and deception. These findings have been unanimously affirmed by the Appellate…
2Cases cited22 opinions
- Conrow v. . LittleNew York Court of Appeals · 1889
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- Wheelock v. . LeeNew York Court of Appeals · 1878
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
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