Feinberg v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Feinberg, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 2d day of May, 1910, upon the report of a referee dismissing the complaint upon the merits.
1Concurrence
Houghton, J. (concurring):
If the plaintiff was estopped from asserting his ownership because of dealings had with Fonda in behalf of his wife, it was entirely proper for the referee to find that he was the owner of the wood but was estopped from asserting his title as to Fonda and, therefore, as to this defendant. It does not matter whether plaintiff was owner or not if he is estopped from claiming he is.
Except for the holding of this court on the former appeal (118 App. Div. 497) to the effect that it is not necessary to plead facts relied upon to create an equitable estoppel, I should be of…
2Cases cited13 opinions
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Meeder v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1902
- Prevot v. . LawrenceNew York Court of Appeals · 1872
- Devoe v. LutzAppellate Division of the Supreme Court of the State of New York · 1909
- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
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