Harris v. Osnowitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marcus Buchner, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 8th day of March, 1898, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Rumsey, J.:
An examination of the case satisfies ns that the conclusion of the learned court below was correct, and that the only construction to be given to the transaction between the parties was that the real estate which was the subject of the action was transferred to Buchner upon a secret trust, such as is mentioned in the contract executed immediately after the delivery of the deed, by virtue of which Buchner agreed to convey the premises to the wives of the two grantors. The transaction cannot be sustained as a mortgage, because it is expressly testified by Buchner that the property…
2Cases cited5 opinions
- Young v. . HeermansNew York Court of Appeals · 1876
- Anderson v. RobertsNew York Supreme Court · 1820
- Moseley v. . MoseleyNew York Court of Appeals · 1857
- M'Culloch v. HutchinsonSupreme Court of Pennsylvania · 1838
- Bryer v. FoersterAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
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- Gallagher v. RomanAppellate Division of the Supreme Court of the State of New York · 2009
- MacDonald v. MacDonaldAppellate Division of the Supreme Court of the State of New York · 1996
- Bryant v. WolfNew York Supreme Court · 1916
- Reeves v. ConverseAppellate Division of the Supreme Court of the State of New York · 1906
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