Legal Opinion

Rank v. . Grote

New York Court of Appeals

Decided June 5, 1888PublishedCited by 7 opinions

Appeal from judgment of the General Term of the Superior ■Court of the city of Rew York, made January 9,1884, which .affirmed a judgment in favor of defendants, entered upon a verdict directed by the court. (Reported below, 18 J. & S. 2J5.) This was an action of ejectment brought by plaintiff, as one •of the heirs-at-law of Frederick Grbte, deceased, and a devisee under the will, to recover possession of an interest in certain ■premises in the city of Rew York.

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Appeal from judgment of the General Term of the Superior ■Court of the city of Rew York, made January 9,1884, which .affirmed a judgment in favor of defendants, entered upon a verdict directed by the court. (Reported below, 18 J. & S. 2J5.) This was an action of ejectment brought by plaintiff, as one •of the heirs-at-law of Frederick Grbte, deceased, and a devisee under the will, to recover possession of an interest in certain ■premises in the city of Rew York. The defense was that the premises, although deeded to said Grote, was, in fact, the property of a firm composed of the ■deceased and…

1Opinion of the CourtPeckham, J.

The documentary evidence in this case showed title in the plaintiff to a one-third interest in the land in question. That is all the evidence which was offered on her part. The defendant then offered evidence which was-received for the purpose of explaining the documentary proof given on the part of the plaintiff, and to show that the real ■estate in question was actually partnership property, purchased for the purposes of the partnership and paid for with partnership funds After a careful perusal of all the evidence taken ■on the trial (and it was uncontradicted), we think the case for the…

2Cases cited1 opinion

  1. Fairchild v. . FairchildNew York Court of Appeals · 1876

3Cited by7 opinions

  1. Koogle v. ClineCourt of Appeals of Maryland · 1909
  2. Sayre v. WoodyardWest Virginia Supreme Court · 1909
  3. Abbott v. . DoughanNew York Court of Appeals · 1912
  4. Medical College Laboratory v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 1902
  5. Abbott v. DoughanAppellate Division of the Supreme Court of the State of New York · 1910

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