O'Beirne v. Bullis
New York Supreme Court
Appeal from special term, New York county. Action by James R. O’Beirne against Spencer S. Bullís and others for specific performance. From a judgment dismissing the complaint on the merits, plaintiff appeals. Reversed.
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Appeal from special term, New York county. Action by James R. O’Beirne against Spencer S. Bullís and others for specific performance. From a judgment dismissing the complaint on the merits, plaintiff appeals. Reversed. This action was begun July 15, 1891, to compel the individual defendants, Bullís and Barse, to convey, by way of mortgage, to the Central Trust Company, 30,000 acres and 16,000 acres of timber land, pursuant to them contracts of October 8, 1889, and December 9, 1889, or, in case they were incapable of making such conveyances, that they be adjudged to pay the value of said…
1Opinion of the CourtFollett, J.
The facts found by the court upon uncontradicted evidence conclusively show that Spencer S. Bullis and Mills W. Barse perpetrated an atrocious fraud upon I. B. Newcombe & Co., the trust company, and every person purchasing the bonds secured by the mortgage. It is found (findings 28 and 29) that the agents of I. B. Newcombe & Co. were escorted by Bullis, at the request of Barse, through large tracts of heavily timbered land in McKean county, near the railroads, who reported its value to the firm, by which report they were induced to attempt to negotiate the bonds. A clear understanding of what…
2Cases cited4 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Margraf v. . MuirNew York Court of Appeals · 1874
- Miles v. Dover Furnace Iron Co.New York Court of Appeals · 1891
- Belden v. BurkeNew York Supreme Court · 1893
3Cited by2 opinions
- In re BullisAppellate Division of the Supreme Court of the State of New York · 1902
- Spencer S. Bullis v. James R. O'BeirneSupreme Court of the United States · 1904