March v. Schleucker

New York Supreme Court

March v. Schleucker

32 N.Y. Sup. Ct. 59

DecidedJune 15, 1881

StatusPublished

This text of 32 N.Y. Sup. Ct. 59 (March v. Schleucker) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

March v. Schleucker, 32 N.Y. Sup. Ct. 59 (N.Y. Super. Ct. 1881).

Pincite

Opinion

Judgment reversed and a new trial ordered before another referee, costs to abide event. Held, that as, according to the undisputed testimony of the defendant Kamm the vendee, the agreement between him and Schleucker, the debtor, was that, when all the debts were paid, he was to deed the property back to Schleucker and to no one else, [60]*60the effect of that agreement was to make the conveyance a mere mortgage, although absolute in form, and, even assuming that the intent of the transaction was not fraudulent, the plaintiff is entitled to an accounting.

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Judgment reversed and a new trial ordered before another referee, costs to abide event. Held, that as, according to the undisputed testimony of the defendant Kamm the vendee, the agreement between him and Schleucker, the debtor, was that, when all the debts were paid, he was to deed the property back to Schleucker and to no one else, [60]*60the effect of that agreement was to make the conveyance a mere mortgage, although absolute in form, and, even assuming that the intent of the transaction was not fraudulent, the plaintiff is entitled to an accounting.

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Bluebook (online)

32 N.Y. Sup. Ct. 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/march-v-schleucker-nysupct-1881.