Fox v. Hirschfeld
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry E. Fox, from a judgment of the Supreme Court in favor of the defendant, entered in the of6.ce of the clerk of the county of New York on the 30th day of October, 1912, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 21st day of October, 1912, denying the plaintiff’s motion for a new trial.
1Dissent
McLaughlin, J. (dissenting):
By the terms of the contract a deed of conveyance of the premises referred to therein was to be delivered to the plaintiff on September 10,1910. On September seventh, three days prior thereto, plaintiff, for a valuable consideration, sold, assigned and transferred to his wife all of his rights under the contract and directed that the deed be made to her and at the .time fixed for the delivery of the deed the same was actually deliv*369ered to and accepted by her. She immediately went into and has ever since remained in possession, and is now the owner of the premises…
2Cases cited3 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Bennett v. WoolfolkNew York Supreme Court · 1894
- Bentley v. SmithNew York Court of Appeals · 1866