Doty v. Norton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William W. Doty, from a judgment of the Supreme Court in favor of the defendant,- entered in the office of the clerk of the county of Hew York on the 17th day of February, 1909, upon the dismissal of the complaint by direction of the court at the opening of the case on a trial at the Hew York Trial Term.
1ConcurrenceIngraham, J.
(concurring) :
I concur in the result, on the ground that this action should be treated as an action to redeem, triable as such. If it appears upon the trial of the action that the defendant has so disposed of the property as to make a redemption impossible the court would be authorized to compel the defendant to account for the value of the property at the time of the trial. I do not think, upon this complaint, that the action can be sustained as an action at law, but facts alleged having entitled the plaintiff to redeem it was the duty of the Trial Term to have sent the action to Special…
2Cases cited3 opinions
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Meehan v. . ForresterNew York Court of Appeals · 1873
- Mooney v. ByrneAppellate Division of the Supreme Court of the State of New York · 1896