Green v. . Green
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 7 Hun, 492.) This was an action of trespass upon lands. The defendant among other things pleaded title.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 7 Hun, 492.) This was an action of trespass upon lands. The defendant among other things pleaded title. The facts found were substantially as follows: On the 8th day of March, 1866, the defendant, being then the owner of the premises in question and plaintiff, being an infant of the age of about eighteen years, m consideration of the sum of $400.00 to him paid by the…
1Opinion of the Court
Church, Ch. J.
The important question in this case is whether it was necessary for the defendant to restore the consideration received for the transfer of the land to the plaintiff to entitle him to rescind the contract. The defendant is a son of the plaintiff. He conveyed to the plaintiff the premises in question when under the age of twenty-one years, for which he received the sum of $400. It appeared affirmatively that the son had used up, lost, or squandered the money before he became of age, and had no part of it, nor any other property except the land at the time of arriving at age.…
2Cases cited2 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Price v. FurmanSupreme Court of Vermont · 1855
3Cited by56 opinions
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Casey v. . KastelNew York Court of Appeals · 1924
- Craig v. Van BebberSupreme Court of Missouri · 1890
- MacGreal v. TaylorSupreme Court of the United States · 1897
- Bullock v. SprowlsTexas Supreme Court · 1899
51 more not listed; retrieve them via the Exa API.