In re Donihee

Appellate Division of the Supreme Court of New York

In re Donihee

173 A.D. 980

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

DecidedMay 15, 1916

StatusPublished

This text of 173 A.D. 980 (In re Donihee) 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

In re Donihee, 173 A.D. 980 (N.Y. Ct. App. 1916).

Pincite

Opinion

The grant was asked for and accepted by the city. If, as now appears, the ceded title did not reach to the street center line, there is no ground to charge deceit, fraud or bad faith. The city having accepted and recorded the deed, and having never rejected same, cannot now disaffirm, without restoring respondent to his original position, which it is now too late to do. Order affirmed, with ten dollars costs and disbursements. Jenks, P. J., Stapleton, Mills, Rich and Putnam, JJ., concurred.

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The grant was asked for and accepted by the city. If, as now appears, the ceded title did not reach to the street center line, there is no ground to charge deceit, fraud or bad faith. The city having accepted and recorded the deed, and having never rejected same, cannot now disaffirm, without restoring respondent to his original position, which it is now too late to do. Order affirmed, with ten dollars costs and disbursements. Jenks, P. J., Stapleton, Mills, Rich and Putnam, JJ., concurred.

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Bluebook (online)

173 A.D. 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-donihee-nyappdiv-1916.