Goddard v. . Stiles
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1881, which affirmed an order of Special Term, the substance of which is hereinafter stated.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1881, which affirmed an order of Special Term, the substance of which is hereinafter stated. This action was commenced in 1865 by one Myron P. Stiles, to reach certain premises situate in Ontario county, which had been bid in at a foreclosure sale by the defendant, upon the theory that in so doing, the defendant acted as the trustee for Myron, who was a minor at the time of such sale, but who reached his majority on the 26th of July, 1864. In 1867 judgment was…
1Opinion of the CourtTracy, J.
As no opinion was written either at the Special or General Term, we are not informed of the grounds upon which this order was made and affirmed, except so far as may be inferred from the facts disclosed in the affidavits. We are of opinion that that part of the order which directs the re ceiver to apply the $630 paid hy the defendant Stiles to the plaintiff’s attorney in satisfaction of the judgment, and to pay over to said Stiles the balance that may remain after satisfying the same cannot be upheld. The motion for substitution was made in the action of Warfield v. Stiles, and not in this…
2Cases cited7 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Hill v. . HermansNew York Court of Appeals · 1874
- Cumming v. EgertonThe Superior Court of New York City · 1863
- Banks v. PotterNew York Court of Common Pleas · 1861
- Harris v. PalmerNew York Supreme Court · 1848
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3Cited by3 opinions
- Hoagland v. HoaglandWyoming Supreme Court · 1920
- Steinert v. Van AkenAppellate Division of the Supreme Court of the State of New York · 1914
- Fawcett v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906