Legal Opinion

Shrader v. Bonker

New York Supreme Court

Decided June 3, 1873PublishedCited by 4 opinions

HIS action is brought to recover $2,000, the value of a house and lot, of which the plaintiff claimed to be the owner, situate at Union Springs,, in the county of Cayuga, and which she conveyed at the request of the defendant to one Hosier, in part payment of a farm that the defendant purchased of him. The plaintiff and her husband resided at Union Springs, in the spring of 1867, and the defendant at the same time lived on a farm in the State of Michigan.

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HIS action is brought to recover $2,000, the value of a house and lot, of which the plaintiff claimed to be the owner, situate at Union Springs,, in the county of Cayuga, and which she conveyed at the request of the defendant to one Hosier, in part payment of a farm that the defendant purchased of him. The plaintiff and her husband resided at Union Springs, in the spring of 1867, and the defendant at the same time lived on a farm in the State of Michigan. At the request of the plaintiff, who is the daughter of the defendant, he came to reside with them at Union Springs, and soon after his…

1Opinion of the Court

By the Court, Mttllin, P. J.

The first ground on which the motion for a nonsuit was made, was that the *615deed for the house and lot had never been delivered to the plaintiff. The jury must have found the facts to be as testified to by the plaintiff, and her version of the transaction in reference to the deed is, that without any request from her to the defendant, or any intimation from him to her of his intention to give her a deed of the house and lot, he purchased the premises, and directed the deed to be made to her, and it was so made, and delivered to him by the grantor. Subsequently he…

2Cases cited1 opinion

  1. Ernst v. ReedNew York Supreme Court · 1867

3Cited by4 opinions

  1. Clark v. CreswellCourt of Appeals of Maryland · 1910
  2. Downs v. DownsCourt of Appeals of Maryland · 1928
  3. Krach v. CarsonCourt of Appeals of Maryland · 1926
  4. Marsh v. Ne-ha-sa-ne Park Ass'nAppellate Division of the Supreme Court of the State of New York · 1898

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