Town of Huntington v. Titus

Appellate Division of the Supreme Court of New York

Town of Huntington v. Titus

64 N.Y.S. 58

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

DecidedApril 14, 1900

StatusPublished

This text of 64 N.Y.S. 58 (Town of Huntington v. Titus) 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

Town of Huntington v. Titus, 64 N.Y.S. 58 (N.Y. Ct. App. 1900).

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Opinion

PER CURIAM.

The very full and satisfactory consideration of the law and facts of this case by the learned judge at special term renders any further discussion thereof in this court unnecessary;, and we are quite content to affirm the judgment for the reasons given by Mr. Justice WILMOT M. SMITH, with a single qualification, which in no wise affects his conclusions. We doubt whether any distinction can be recognized by the courts, growing out of the fact that a party is morally an innocent purchaser, if he be not an innocent purchaser in the eyes of the law. This characterization of the defendant in the special term opinion, however, is merely incidental to the argument showing that it would be most unjust at this time to enforce the town’s claim against him, and it in no respect impairs the validity of that argument.

Judgment affirmed, with costs, upon the opinion of SMITH, J.„ at special term.

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PER CURIAM.

The very full and satisfactory consideration of the law and facts of this case by the learned judge at special term renders any further discussion thereof in this court unnecessary;, and we are quite content to affirm the judgment for the reasons given by Mr. Justice WILMOT M. SMITH, with a single qualification, which in no wise affects his conclusions. We doubt whether any distinction can be recognized by the courts, growing out of the fact that a party is morally an innocent purchaser, if he be not an innocent purchaser in the eyes of the law. This characterization of the defendant in the special term opinion, however, is merely incidental to the argument showing that it would be most unjust at this time to enforce the town’s claim against him, and it in no respect impairs the validity of that argument.

Judgment affirmed, with costs, upon the opinion of SMITH, J.„ at special term.

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Bluebook (online)

64 N.Y.S. 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-huntington-v-titus-nyappdiv-1900.