Lounsbury v. Purdy
New York Supreme Court
Motion for judgment upon a special verdict rendered at the Westchester circuit, and upon the case reserved for further argument and consideration.
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Motion for judgment upon a special verdict rendered at the Westchester circuit, and upon the case reserved for further argument and consideration. The complaint alledged that in the year 1846, the plaintiff, Catharine Lounsbury, wife of Henry Lounsbury, being in the possession of some-money which had been received by her from the estate of her deceased father and grandfather, and in the expectation of further receipts from the same source, she was induced to invest the same in the purchase of a house and lot, consisting of three acres of land, situate at Ossening, in the county of…
1Opinion of the CourtBrown, J.
The facts established upon the trial of this action, disclose a design on the part of the defendant to appropriate a dwelling house and three acres of land, situate in the town of Ossening, in the county of Westchester, purchased for the plaintiff and with her means, to the payment of a debt due to him from one Clements Quereau, and another debt due from Quereau to one Samuel L. Mott. This, I think, he can not be suffered to do ; for unless I am mistaken, the law is armed with sufficient power to prevent so flagrant an act of injustice. He can not be regarded as a creditor without notice, nor…
2Cases cited1 opinion
- Ells v. TousleyNew York Court of Chancery · 1828
3Cited by6 opinions
- Dalrymple v. Security Improvement Co.North Dakota Supreme Court · 1902
- Vaughn v. SchmalsleMontana Supreme Court · 1890
- Dewey v. HoagNew York Supreme Court · 1853
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Safford v. HyndsNew York Supreme Court · 1862
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