Haire v. Wagner

Appellate Division of the Supreme Court of New York

Haire v. Wagner

257 A.D. 970, 13 N.Y.S.2d 68, 1939 N.Y. App. Div. LEXIS 8741

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

DecidedJune 12, 1939

StatusPublished

Cited by1 cases

This text of 257 A.D. 970 (Haire v. Wagner) 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

Haire v. Wagner, 257 A.D. 970, 13 N.Y.S.2d 68, 1939 N.Y. App. Div. LEXIS 8741 (N.Y. Ct. App. 1939).

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Opinion

Action to set aside a conveyance of real property by defendant Herman J. Wagner to S. Geraldine J. Wagner at a time when she was his affianced. Judgment reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. For the purpose of a new trial all findings of fact are reversed and the conclusions of law are disapproved. In view of the determination in Matter of Herman E. Wagner {post, p. 972), decided herewith, from which it appears that defendant Herman J. Wagner’s obligation to his father’s estate is $5,516.06 and not $65,070.80, as a result of which, according to the proof, it would seem that the conveyance did not leave defendant Herman J. Wagner insolvent, there must be a new trial at which any facts may be presented under the present situation. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Action to set aside a conveyance of real property by defendant Herman J. Wagner to S. Geraldine J. Wagner at a time when she was his affianced. Judgment reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. For the purpose of a new trial all findings of fact are reversed and the conclusions of law are disapproved. In view of the determination in Matter of Herman E. Wagner {post, p. 972), decided herewith, from which it appears that defendant Herman J. Wagner’s obligation to his father’s estate is $5,516.06 and not $65,070.80, as a result of which, according to the proof, it would seem that the conveyance did not leave defendant Herman J. Wagner insolvent, there must be a new trial at which any facts may be presented under the present situation. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

257 A.D. 970, 13 N.Y.S.2d 68, 1939 N.Y. App. Div. LEXIS 8741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haire-v-wagner-nyappdiv-1939.

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