Johnson v. . Sirret
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered February 8,1895, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinions.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered February 8,1895, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinions. The defendants’ exception to the findings of fact by the court that the conveyance to Williams was a sale of the interest of the defendant Morganstern in said premises is not well taken. (Bradstreet v. Clarke, 12 Wend. 602; Hitchcock v. Dundas, 12 How. [U. S.] 271.)…
1Dissent
O’Bbien, J. (dissenting).
The facts in this case are few and simple. The three defendants in this action employed the plaintiff’s testator as their agent to purchase for them and another party one hundred and twenty-five acres of land in Buffalo. He performed the services and purchased the land, which was conveyed to three of the parties as tenants in common. These three parties took each an undivided one-fourth interest, except one of them, who took one-half, holding one share, or one undivided quarter, in trust for the fourth party. There were, then, four parties interested in the purchase,…
2Cases cited7 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- White v. . HoytNew York Court of Appeals · 1878
- Russell v. . AllertonNew York Court of Appeals · 1888
- Robertson v. Ongley Electric Co.New York Court of Appeals · 1895
- Martin v. ColeSupreme Court of Iowa · 1874
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