Seymour v. Smith
Superior Court of Buffalo
Trial by the court. Henry H. Seymour sued Mathias Smith and Cornelius J. Donovan, upon an undertaking on appeal. In 1882, one Sourwine, who was a general agent for taking care of and leasing certain premises in Buffalo for one Reed, executed a three years’ leasd thereof to one Lynch, under an agreement between them that Lynch should pay Sourwine one-half the damages that might be awarded him as lessee, if the premises were taken for the use of a railroad company," as was…
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Trial by the court. Henry H. Seymour sued Mathias Smith and Cornelius J. Donovan, upon an undertaking on appeal. In 1882, one Sourwine, who was a general agent for taking care of and leasing certain premises in Buffalo for one Reed, executed a three years’ leasd thereof to one Lynch, under an agreement between them that Lynch should pay Sourwine one-half the damages that might be awarded him as lessee, if the premises were taken for the use of a railroad company," as was then anticipated. Lynch was awarded $1,009 damages for his interest upon the premises being subsequently condemned, but…
1Opinion of the CourtBeckwith, J.
—The equities claimed to exist in favor of the judgment debtor, Lynch, are not clear. He and Sourwine treated for a new lease upon a scheme to get money out of the railroad company. If there was any equity in third persons anywhere, subject to which the plaintiff took his assignment of the judgment, it was the railroad company’s equity. But Lynch, having got the money from the railroad company, refused to divide, Sourwine sued on his promise and got judgment.
As the case now comes before the court,- it is found that the judgment stood with the legal title, in Sour-wine, subject to an equitable…
2Cases cited2 opinions
- The Farmers' Loan and Trust Co. v. . WalworthNew York Court of Appeals · 1848
- Huston v. WickerhamSupreme Court of Pennsylvania · 1839