Guilfoyle v. Pierce

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

Decided September 9, 1896

Appellate Division of the Supreme Court of the State of New York · decided 1896-09-09

The action was brought to cancel a contract made between plaintiff and defendant, by which plaintiff bought a livery stable from defendant, and to set aside and cancel two leases,, a certain chattel mortgage, and to compel defendant to reassign a certain bond, and to reconvey certain premises, situated in the city of Brooklyn, all of which plaintiff claims, to have paid for said livery stable.

Decided 1896-09-09

WILLIAMS, J.

¶1The part ot the order appealed from, should be reversed, and an order made directing the receiver to convey the property to the transferee of the defendant. It was a proper order to make in the case, unless somebody having an adverse interest should make an objection. The respondent 'had no interest to make any such objection. He had no interest whatever in the property. The plaintiff’s wife was not a party to the action and had no right to object to the order. The order could not, in any event, have injured her, because she is fully protected by the lis pendens filed by her in the action. The order should therefore be modified by striking out the provision denying this part of the motion and by inserting a direction to the receiver to make a conveyance to Frances M. Pierce, the defendant’s grantee. The appellant should have costs of the appeal.

¶2RUMSEY and O’BRIEN, JJ„, concur.