Clark v. Bird
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Bird, from a judgment of the Supreme Court in favor of the plaintiff, entered in'the office of the clerk of the county of Monroe on the 2d day of March, 1901, upon the decision of the court, rendered after a trial at the Monroe Special Term, decreeing that the defendant reconvey to the plaintiff the premises described in the complaint in compliance with the terms of the decision.
Read the full summary
Appeal by the defendant, Charles Bird, from a judgment of the Supreme Court in favor of the plaintiff, entered in'the office of the clerk of the county of Monroe on the 2d day of March, 1901, upon the decision of the court, rendered after a trial at the Monroe Special Term, decreeing that the defendant reconvey to the plaintiff the premises described in the complaint in compliance with the terms of the decision. The plaintiff acquired title to the premises in controversy, which consisted of a city lot on the east side of Williams street in the city of Rochester, on the 30th day of December,…
1Opinion of the Court
Spring, J.:. The trial justice found as a fact “ that plaintiff did not know at the time that-she was executing her deed of said premises that she was making a sale and conveyance of said premises to the defendant, but supposed that the sale and conveyance was being made t& Coomber, to whom she had contracted the premises for sale.” He has found “ that the defendant is a shrewd and able business man, engaged in the real' estate business,, and familiar with "real estate values, and that the plaintiff is a woman of limited intelligence, advanced in years, physically weak and of inferior mental…
2Cases cited3 opinions
- Dutton v. . WillnerNew York Court of Appeals · 1873
- Parker v. . BaxterNew York Court of Appeals · 1881
- Johnstone v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Doyen v. BauerSupreme Court of Minnesota · 1941
- Waterbury v. BarryAppellate Division of the Supreme Court of the State of New York · 1911
- La Forge v. CornellAppellate Terms of the Supreme Court of New York · 1911
- Heckscher v. EdenbornAppellate Division of the Supreme Court of the State of New York · 1909