Legal Opinion

Medical College Laboratory v. New York University

New York Court of Appeals

Decided April 5, 1904PublishedCited by 12 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 11, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. No legal or equitable liability was established against the defendant. (11 Am. & Eng.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 11, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. No legal or equitable liability was established against the defendant. (11 Am. & Eng. Ency. of Law [2d ed.], 184 ; Texas v. Hardenberg, 19 Wall. [U. S.] 89 ; Craig v. Leslie, 3 Wheat. [U. S.] 578 ; Murray v. De Rottenham, 6 Johns. Ch. 52 ; Noyes v. Blakeman, 6 N. Y. 567 ;…

1Opinion of the Court

Parker, Ch. J.

The judgment under review requires the reconveyance to plaintiff of property it conveyed to defendant by a deed dated February 8, 1897, which recites a consideration of' one dollar, and contains an assumption of debts, if any, by the grantee. But the property, which was worth about $150,000, was unincumbered, and plaintiff was not indebted to any one. Defendant paid nothing for the property ; and the ground upon which the decree of reconveyance is rested is that certain promises made to the officers and directors of plaintiff by representatives of defendant were not kept —…

2Cases cited1 opinion

  1. Rackemann v. Riverbank Improvement Co.Massachusetts Supreme Judicial Court · 1896

3Cited by12 opinions

  1. In Re the Accounting of BrownNew York Court of Appeals · 1930
  2. 328 Owners Corp. v. 330 West 86 Oaks Corp.New York Court of Appeals · 2007
  3. Golland v. GollandNew York Supreme Court · 1914
  4. Druck Corp. v. Macro Fund Ltd.Court of Appeals for the Second Circuit · 2008
  5. Cheek v. BrooksAppellate Division of the Supreme Court of the State of New York · 2020

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