Shiverick v. Bonsall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Beatrice C. Shiverick from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 25th day of July, 1916, upon the decision of the court after a trial at the Westchester Special Term.
Read the full summary
Appeal by the plaintiff, Beatrice C. Shiverick from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 25th day of July, 1916, upon the decision of the court after a trial at the Westchester Special Term. The suit was brought for an accounting and it was adjudged that the plaintiff had full title to certain property at Bayonne, N. J., without any right to disaffirm such purchase, or a subsequent contract for the improvement thereof; that the defendant had sustained the burden of showing the fairness…
1Opinion of the Court
Putnam, J.:
Had an action been seasonably brought to disaffirm the entire Bayonne transaction, plaintiff might have contended that as she had just emerged from her minority, and was still under the influence of defendant as her stepfather and *344testamentary guardian, a transaction of this kind should be set aside as manifestly unfit for a young woman just come of age. (Gale v. Wells, 12 Barb. 84.)
Although the property was of great value with prospective increase, an outlay of $400,000 in a manufacturing plant is not to be recommended to one of her inexperience. But that is not the plaintiff’s…
2Cases cited7 opinions
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Strong v. . StrongNew York Court of Appeals · 1886
- Harvey v. . CherryNew York Court of Appeals · 1879
- Brazee v. SchofieldSupreme Court of the United States · 1888
- Gale & Wisner v. WellsNew York Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Accounting of PolskyAppellate Division of the Supreme Court of the State of New York · 1963
- Delaware National Bank of Delhi v. Wiss, New York County Courts1936
- Moore v. GiffenCalifornia Court of Appeal · 1930
- Charles E. Quincy & Co. Arbitrage Corp. v. Cities Service Co.New York Supreme Court · 1935
- In re the Transfer Tax On the Estate of EarlyNew York Surrogate's Court · 1920
1 more not listed; retrieve them via the Exa API.