Legal Opinion

Fisher v. . Bishop

New York Court of Appeals

Decided January 17, 1888PublishedCited by 48 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made at the April Term, 1885, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 36 Hun, 112). The nature of the action and the material facts are stated in the opinion.

1Opinion of the Court

Huger, Oh. J.

This is an action in equity to procure the surrender and cancellation of a bond and mortgage alleged to have been procured by duress and undue influence exercised by the defendants upon the plaintiff, to that end.

The proof showed that the plaintiff was a farmer, almost seventy years of age, residing in Sidney, and had become much involved as an indorser for his son, who had recently failed in business, and absconded. On the day of his flight, the son had executed to his father a transfer of property for the purpose of securing him, as far as he was able, for the liabilities which…

2Cases cited3 opinions

  1. Ford v. . HarringtonNew York Court of Appeals · 1857
  2. Allerton v. . AllertonNew York Court of Appeals · 1872
  3. Freelove v. ColeNew York Supreme Court · 1863

3Cited by48 opinions

  1. Manufacturers Hanover Trust Company v. Nicholas Yanakas, Charles Buonincontri and Camille BuonincontriCourt of Appeals for the Second Circuit · 1993
  2. American Tissue, Inc. v. Donaldson, Lufkin & Jenrette Securities Corp.District Court, S.D. New York · 2004
  3. Kley v. . HealyNew York Court of Appeals · 1891
  4. Matteson v. WagonerCalifornia Supreme Court · 1905
  5. Adams v. . Irving National BankNew York Court of Appeals · 1889

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