Sbarbero v. Miller
New Jersey Court of Chancery
Heard on bill, answer, cross-bill, answer to cross-bill and replications. This is a bill filed by John Barber, a lunatic, by Cecilia Matilda Barber, his guardian, against Alexander A. Miller and another.
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Heard on bill, answer, cross-bill, answer to cross-bill and replications. This is a bill filed by John Barber, a lunatic, by Cecilia Matilda Barber, his guardian, against Alexander A. Miller and another. The bill charges that on the 26th of June, 1903, John Barber, then being in a state of lunacy, did, by deed of assignment, transfer unto Anna C. Miller a certain lease of property known as No. 879 Broad street, Newark, New Jersey, and that the said Anna C. Miller, on the 1st of July, 1903, assigned said lease to Alexander A. Miller; that on the 10th of October, 1903, Matilda BarbeT was…
1Opinion of the Court
Garrison, V. C.
(after stating facts).
It will be observed that while, in the charging part of the bill, the complainant alleges that she tendered, as guardian of the alleged lunatic, to Miller, the purchaser of the leasehold, the consideration paid by Miller for it, namely, $3,500, she does not in the prayer of her bill ask that the status quo be restored by the conveyance back to her of the leasehold interest, and the payment by her of the consideration received for it. She prays that the assignment of the lease from Barber to Miller be avoided, and Miller be directed to reassign to her, and…
2Cases cited13 opinions
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- Collins v. . HydornNew York Court of Appeals · 1892
- Landon v. . TownshendNew York Court of Appeals · 1889
- Hawks v. TruesdellMassachusetts Supreme Judicial Court · 1868
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3Cited by12 opinions
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- East Paterson v. KarkusNew Jersey Court of Chancery · 1945
- Continental Can Co. v. Hudson FoamNew Jersey Superior Court Appellate Division · 1973
- Biddle v. BiddleNew Jersey Superior Court Appellate Division · 1979
- MECHANICAL DEVICES CO., INC. v. General Builders, Inc.New Jersey Superior Court Appellate Division · 1953
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