Legal Opinion

Finnegan v. . McGuffog

New York Court of Appeals

Decided November 21, 1911PublishedCited by 12 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint hy the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant is estopped. (Colden v. Cornell, 3 Johns.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint hy the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant is estopped. (Colden v. Cornell, 3 Johns. Cas. 174; Jackson v. Ireland, 3 Wend. 99; Jackson v. Thompson, 6 Cow. 178; St. Clair v. Jackson, 8 Cow. 543; Carves v. Jackson, 4 Pet. 1; Cranes v. Morris, 6 Pet. 611; A. D. D. Co. v. Leavitt, 54 N. Y. 35;…

1Opinion of the Court

Haight, J,

This action was brought by the next of kin and personal representatives of the next of kin, deceased, of John McGuffog, deceased, to impress a trust upon the lease of a parcel of land situate in the city of Hew York, fronting on Tenth street, two hundred and twenty feet northwesterly from Third avenue, being thirty-eight feet frontage on the avenue and from twenty to thirty feet in depth, and for an accounting of the rents, issues and profits, etc.

The facts as they appear from the findings, so far as material, are substantially as follows: On the 24th day of October, 1843, Peter…

2Cases cited4 opinions

  1. Torrey v. Bank of OrleansNew York Court of Chancery · 1842
  2. Walrath v. Redfield.New York Court of Appeals · 1858
  3. Pope v. . O'HaraNew York Court of Appeals · 1872
  4. Jewell v. HarringtonNew York Supreme Court · 1838

3Cited by12 opinions

  1. Scheuer v. ScheuerNew York Court of Appeals · 1955
  2. Augustine v. SzwedAppellate Division of the Supreme Court of the State of New York · 1980
  3. Spallholz v. . SheldonNew York Court of Appeals · 1915
  4. Spallholz v. SheldonAppellate Division of the Supreme Court of the State of New York · 1913
  5. Emmerich v. City Bank Farmers Trust Co.New York Court of Appeals · 1950

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