Duffy v. Work

The Superior Court of New York City

Duffy v. Work

39 N.Y. St. Rep. 377

CourtThe Superior Court of New York City

DecidedJuly 2, 1891

StatusPublished

This text of 39 N.Y. St. Rep. 377 (Duffy v. Work) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duffy v. Work, 39 N.Y. St. Rep. 377 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Dugro, J.

—The plaintiff appeals from a judgment dismissing his complaint, entered upon the findings and decision of a judge at special term. At the trial both parties gave evidence. A careful examination of the papers presented, fails to disclose any ground which calls for a reversal of the judgment The burden of establishing his cause of action by a fair preponderance of evidence, was not satisfactorily borne by the plaintiff at the trial.

If the second conveyance is considered to have been given as security, and so a mortgage, it would not help the plaintiff’s case, as by his conduct he has estopped himself from claiming that the sale to Sexton was a conversion, for he took service to find a pur- ' [378]*378chaser, and, when unsuccessful in his efforts, accepted $1,000 to give possession to a purchaser.

The judgment is affirmed, with costs.

Freedman, P. J., and Gtldersleeve, J., concur.

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Dugro, J.

—The plaintiff appeals from a judgment dismissing his complaint, entered upon the findings and decision of a judge at special term. At the trial both parties gave evidence. A careful examination of the papers presented, fails to disclose any ground which calls for a reversal of the judgment The burden of establishing his cause of action by a fair preponderance of evidence, was not satisfactorily borne by the plaintiff at the trial.

If the second conveyance is considered to have been given as security, and so a mortgage, it would not help the plaintiff’s case, as by his conduct he has estopped himself from claiming that the sale to Sexton was a conversion, for he took service to find a pur- ' [378]*378chaser, and, when unsuccessful in his efforts, accepted $1,000 to give possession to a purchaser.

The judgment is affirmed, with costs.

Freedman, P. J., and Gtldersleeve, J., concur.

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Bluebook (online)

39 N.Y. St. Rep. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duffy-v-work-nysuperctnyc-1891.