Hibbard v. . Ramsdell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1886, which affirmed judgment dismissing the complaint entered upon a decision of the court on trial at Special Term. This action was for equitable relief, i.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1886, which affirmed judgment dismissing the complaint entered upon a decision of the court on trial at Special Term. This action was for equitable relief, i. From the findings in the case, it appears that on the 1st day of May, 1816, John J. Morgan, who was seized in fee simple . of the premises described in the complaint and in the lease, on that day executed a lease to Besolved W. Fenner during the lives of Christopher 0. Fenner, John A. Fenner and Lydia…
1Opinion of the CourtPotter, J.
We do not deem it necessary in disposing of this appeal, in view of the very able opinions delivered by the Special and General Terms of the court below, to enter into a very full or elaborate discussion.
The judgment of the court below might well be affirmed upon the views presented in those opinions. It was held upon a consideration of the facts found by the learned trial court in this action, that there was no confidential, fiduciary or trust relations between the plaintiff and the defendant. Eamsdell, at least, none that should require the latter to assign to the former the lease from…
2Cases cited2 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Kenada v. GardnerNew York Supreme Court · 1848
3Cited by1 opinion
- Mather v. MatherAppellate Division of the Supreme Court of the State of New York · 1899