Ostrander v. . Hart
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. This was an action of ejectment brought to recover the possession of eight lots of land situate in the village of West Flushing, county of Queens, of the value of .$2,000. The defendant Joseph Hart, individually, owned the premises in question on the 6th of July, 1878, when he filed a petition, in bankruptcy and included said lands in his…
1Opinion of the CourtYankt, J.
The learned judges of the General. Term were of the opinion that the judgment in Sanders v. Hart was a bar to a recovery by the plaintiff in this action, and they affirmed the judgment rendered by the trial court on that ground. As the assignee in bankruptcy was a party to that action, it was held that he and his assigns were bound by the determination made therein that title to the premises in question was duly vested in Sarah Hart during her life-time. It does not follow, however, that because the assignee was a party to that action, he was a party to the judgment as' rendered and entered,…
2Cases cited4 opinions
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- White v. . MerrittNew York Court of Appeals · 1852
- Edwards v. . WoodruffNew York Court of Appeals · 1882
- Travis v. . TravisNew York Court of Appeals · 1890
3Cited by19 opinions
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Crow v. CrowOregon Supreme Court · 1914
- Wagstaff v. MarcyNew York Supreme Court · 1898
- Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921
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