McCahill v. Hamilton
New York Supreme Court
Conteoveesy submitted upon an agreed statement of facts under section 1279 of the Code of Civil Procedure. The plaintiff and defendant on the 21st day of September, 1879, entered into a contract under their hands and seals, by which the plaintiff agreed to sell, and the defendant agreed to purchase certain premises in New York, which contract the defendant subsequently refused to complete on the ground that the title was imperfect. Charles Ii.
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Conteoveesy submitted upon an agreed statement of facts under section 1279 of the Code of Civil Procedure. The plaintiff and defendant on the 21st day of September, 1879, entered into a contract under their hands and seals, by which the plaintiff agreed to sell, and the defendant agreed to purchase certain premises in New York, which contract the defendant subsequently refused to complete on the ground that the title was imperfect. Charles Ii. Iiall was, on the 8th day of November, 1889, the owner in fee of the premises in question and of other premises, and' on that day he executed and…
1Opinion of the Court
Barrett J. :
Hall’s creditors bad vested rights under tne trust deed of November, 1839, viz.: the right to the due execution of the trust for their benefit.
Of that right it is contended that they have been deprived by the act of 1875 (chap. 545), amending 1 Bevised Statutes, page 730, sectiou 67, so as to make it read as follows :
“ When the purposes for which an express trust shall have been created shall have ceased, the estate of the trustees shall also cease, and where an estate has been conveyed to trustees for the benefit of creditors, and no different limitation is contained in the…
2Cases cited14 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Sayre v. WisnerNew York Supreme Court · 1832
- Sanford v. . BennettNew York Court of Appeals · 1861
- People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
- Wood v. OakleyNew York Court of Chancery · 1845
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