Lamb v. Schiefner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank H. Schiefner, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 7th day of July, 1908, Upon the decision of the court rendered after a trial at the Nassau Special Term. ¡\ The judgment for the plaintiff is, as prayed for in the complaint, that the defendant holds certain lots of land in trust for the plaintiff, and that he convey the same to the plaintiff.
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Appeal by the defendant, Frank H. Schiefner, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 7th day of July, 1908, Upon the decision of the court rendered after a trial at the Nassau Special Term. ¡\ The judgment for the plaintiff is, as prayed for in the complaint, that the defendant holds certain lots of land in trust for the plaintiff, and that he convey the same to the plaintiff. The plaintiff was the brother-in-law and the defendant the employee as manager and agent of one Barton, who lived in Richmond,…
1Opinion of the Court
Miller, J.:
The nine lots in question were included in the description in one of the deeds given to the defendant as well as in the deed to the plaintiff. The plaintiff’s deed was executed and recorded two or three days later than the defendant’s, but both deeds were prepared by the defendant, the agent of the grantor, pursuant to instructions given the defendant at Richmond, Va., at one and the same time. The defendant returned to ¡New York after getting his instructions, prepared the deeds to himself, sent them on to his principal to be executed, and later prepared the deed to the plaintiff…
2Cases cited8 opinions
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- Traer v. ClewsSupreme Court of the United States · 1885
- Crocker v. BellangeeWisconsin Supreme Court · 1858
- McMahon v. . AllenNew York Court of Appeals · 1866
- Widdicombe v. ChildersSupreme Court of the United States · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of WingNew York Surrogate's Court · 1937
- Schwartz & Weiss, P.C. v. Branch Motor Express Co. (In Re Branch Motor Express Co.)United States Bankruptcy Court, S.D. New York · 1985
- Schlesselman v. BendsenAppellate Division of the Supreme Court of the State of New York · 2009