Cahill v. Seitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary C. Cahill, suing as a poor person, from, a judgment of the Supreme Court in favor of the defendants, entered in the, office of the clerk of the county of Erie on the 13th day of July, 1903, upon the decision of the court, rendered after a trial before the court without a jury at the Erie Trial Term, dismissing the plaintiff’s complaint.
1Opinion of the Court
Hiscock, J.:
This action was brought to impress a trust upon certain premises in the city of Buffalo formerly owned by plaintiff and certain brothers and sisters. The action was founded upon the claim that while said persons, being infants, were the owners of said premises, the same were sold upon a foreclosure, and that upon such foreclosure the same were bid in in his own name and right by the defendant John Cahill, and that said Cahill in so doing acted in violation of the fiduciary relations which he then sustained to said infants as their guardian in socage.
Various defenses were urged and…
2Cases cited10 opinions
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Anderson v. . BloodNew York Court of Appeals · 1897
- Hecht v. SlaneyCalifornia Supreme Court · 1887
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
- Sparman v. . KeimNew York Court of Appeals · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Hifler v. Calmac Oil & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Martin v. GoodmanSupreme Court of Oklahoma · 1927
- Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1956
- Erbe v. Lincoln Rochester Trust Co.New York Supreme Court · 1955
5 more not listed; retrieve them via the Exa API.