Blazy v. . McLean
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ’Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which affirmed a .judgment in favor of plaintiff 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 fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which affirmed a .judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought to compel defendant to reconvey to defendant certain premises in the city of Rochester and to recover the value of the use and the rental value thereof from •January 24, 1878, the date when defendant took possession of the same. ' The facts, so far as material, are stated in the opinion. The two written…
1Opinion of the CourtFinch, J.
The deed of the plaintiff and her husband to the -defendant McLean ivas declared by the judgment below to have been in truth a collateral security. The property which ■it covered belonged to the plaintiff in her own right, and the ■deed was delivered by her husband apparently in accordance with the terms of a written contract. John Blazy, the husband, and Augustus C. White, as parties of the second part, had contracted with McLean, as party of the first part, for the purchase by them of a farm. That contract recited a consideration of five thousand and ninety-two dollars and fifty-two cents,…
2Cases cited1 opinion
- Sprague v. . HosmerNew York Court of Appeals · 1880
3Cited by4 opinions
- Holmberg v. Hardee TrusteesSupreme Court of Florida · 1925
- Brumick v. MorrisSupreme Court of Florida · 1938
- Stappenbeck v. MatherOneida County Court · 1911
- Blazey v. McLeanNew York Supreme Court · 1894