Morris v. Baird

Appellate Division of the Supreme Court of New York

Morris v. Baird

269 A.D. 948, 57 N.Y.S.2d 890, 1945 N.Y. App. Div. LEXIS 4702

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

DecidedOctober 15, 1945

StatusPublished

Cited by5 cases

This text of 269 A.D. 948 (Morris v. Baird) 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

Morris v. Baird, 269 A.D. 948, 57 N.Y.S.2d 890, 1945 N.Y. App. Div. LEXIS 4702 (N.Y. Ct. App. 1945).

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Opinion

Action to have a conveyance of real property by the plaintiff to the defendant declared void and to compel a reconveyance of the property on the ground that the original conveyance was procured by fraud in connection with a promise of marriage, and that the parties have mutually agreed to rescind the contract of marriage. Order denying motion to dismiss the complaint reversed on the law, with $10 costs and disbursements, the motion granted, and the complaint dismissed, without costs. The maintenance of this action is barred. (Civ. Prac. Act, art. 2-A; Josephson v. Dry Dock Savings Institution, 292 N. Y. 666; Andie v. Kaplan, 263 App. Div. 884, affd. 288 N. Y. 685.) The cases relied on to the contrary were decided prior to the foregoing. Hagarty, Acting P. J., Carswell, Johnston, Adel and Lewis, JJ., concur. .

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Action to have a conveyance of real property by the plaintiff to the defendant declared void and to compel a reconveyance of the property on the ground that the original conveyance was procured by fraud in connection with a promise of marriage, and that the parties have mutually agreed to rescind the contract of marriage. Order denying motion to dismiss the complaint reversed on the law, with $10 costs and disbursements, the motion granted, and the complaint dismissed, without costs. The maintenance of this action is barred. (Civ. Prac. Act, art. 2-A; Josephson v. Dry Dock Savings Institution, 292 N. Y. 666; Andie v. Kaplan, 263 App. Div. 884, affd. 288 N. Y. 685.) The cases relied on to the contrary were decided prior to the foregoing. Hagarty, Acting P. J., Carswell, Johnston, Adel and Lewis, JJ., concur. .

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Bluebook (online)

269 A.D. 948, 57 N.Y.S.2d 890, 1945 N.Y. App. Div. LEXIS 4702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-baird-nyappdiv-1945.

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