Cases

Feldman v Byrne (2022 NY Slip Op 06113) Feldman v Byrne 2022 NY Slip Op 06113 Decided on November 2, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Scott, C. J. There is no room to doubt that the contract out of which the original action in this case arose, was wholly illegal and void. By its terriis it clearly appears that one of the parties agreed to sell, and the other to purchase, a tract of land, for the express purpose of having it subdivided into lots, which should constitute prizes in a lottery, or scheme of chance, or “ gift enterprise ” as the parties saw

Fisher, J. This is an action to recover from the defendants as executors of the estate of Daniel Herrne, deceased, the sum of $66.21 with interest from January 30th, 1899, being costs taxed against the defendant’s testator in a certain suit which defendant’s testator as guardian, etc., prosecuted against Hattie P. Shively et al., in the court of common pleas and cirucuit court of Darke county and the supreme court of the state

Williams, J. The evidence tends to prove the facts found by the district court; and, as this court is not required to determine the weight of the evidence, the facts so found, will, in the disposition of the case, be regarded as established by the •evidence. The case, shown by these facts, and those admitted by the pleadings, is, that Kahn who was a commission broker in Cincinnati, doing business with, and for Ream & Co., bro