Allen v. Fix

Appellate Division of the Supreme Court of New York

Allen v. Fix

253 A.D. 868, 1 N.Y.S.2d 537, 1938 N.Y. App. Div. LEXIS 8968

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 12, 1938

StatusPublished

This text of 253 A.D. 868 (Allen v. Fix) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Fix, 253 A.D. 868, 1 N.Y.S.2d 537, 1938 N.Y. App. Div. LEXIS 8968 (N.Y. Ct. App. 1938).

Pincite

Opinion

Judgment affirmed, with costs. Memorandum: We base our affirmance upon the ground that there was no breach of the condition in the deed that the grantee should not sell the land during its corporate existence, as the undisputed evidence is to the effect that the corporation has been dissolved before the deed was given; and upon the further ground that the Statute of Limitations had run. (Civ. Prac. Act, § 34.) All concur. (The judgment dismisses the complaint in an ejectment action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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Judgment affirmed, with costs. Memorandum: We base our affirmance upon the ground that there was no breach of the condition in the deed that the grantee should not sell the land during its corporate existence, as the undisputed evidence is to the effect that the corporation has been dissolved before the deed was given; and upon the further ground that the Statute of Limitations had run. (Civ. Prac. Act, § 34.) All concur. (The judgment dismisses the complaint in an ejectment action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

253 A.D. 868, 1 N.Y.S.2d 537, 1938 N.Y. App. Div. LEXIS 8968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-fix-nyappdiv-1938.