Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James B. Smith, from a judgment of the Supreme. Court in favor of the defendants, entered in the office of the clerk of the county of Allegany on the 23d day of December, 1903, upon the report of a referee, dismissing the complaint upon the merits.
1Opinion of the Court
Spring, J.:
In May, 1887, Frank E. Smith acquired title by purchase of the St. James Hotel property in the village of Cuba, Allegany county. The purchase price ivas $12,000, a part of which consisted of the *2assumption of -certain outstanding incumbrances on the property, and which it is claimed said .Smith paid. .
On the 2d day of October, 1899, said grantee executed a mort-. gage of $9,000 on said property to the plaintiff, his brother. The claim of the plaintiff is that the purchase of the hotel property was a joint investment or undertaking by .his brother Frank E. Smith and himself, and…
2Cases cited2 opinions
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Eckert v. EckertAppellate Division of the Supreme Court of the State of New York · 1897