McSorley v. Hughes
New York Supreme Court
Appeal from county court, Richmond county. Action by Edward McSorley against Brian G. Hughes and Josephine S. Hughes, his wife, and Godfried Gallineck, for specific performance of a contract to sell and convey certain real estate.
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Appeal from county court, Richmond county. Action by Edward McSorley against Brian G. Hughes and Josephine S. Hughes, his wife, and Godfried Gallineck, for specific performance of a contract to sell and convey certain real estate. The property had formerly belonged to plaintiff, and had been conveyed by him to defendant Brian G. Hughes, by a deed absolute in form, upon, said Hughes making certain advances of money to meet obligations of plaintiff, for which purpose plaintiff had previously applied to Hughes for a loan; and, at the time of the execution of the deed, an agreement in writing…
1Opinion of the CourtPratt, J.
The testimony fully sustains the findings of fact. The transaction was clearly a loan of money. The papers executed must be regarded as security for a loan. - At the expiration of the time of payment, defendant, if he desired to cut off plaintiff’s right to redeem, should have filed a bill for that purpose. Hot having done so, plaintiff’s tender was made in due time, and should have been accepted, and the property reconveyed. Some exceptions were taken to the admission of testimony, and it is urged that a new trial should be granted upon that ground; but that has never been the practice in…
2Cited by7 opinions
- Meekins v. KinsellaAppellate Division of the Supreme Court of the State of New York · 1912
- de St. Laurent v. SlaterAppellate Division of the Supreme Court of the State of New York · 1897
- Card v. MooreAppellate Division of the Supreme Court of the State of New York · 1902
- Shaffer v. MartinAppellate Division of the Supreme Court of the State of New York · 1898
- Prime v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1909
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