97 Misc. 506 | N.Y. Sup. Ct. | 1916
Mrs. Conion, the plaintiff, sues to have two assignments of dower (a) from her to defendant Marsh and (b) from Marsh to defendant Hosier, each absolute in form and dated November 22, 1909, adjudged to have been given by her to Hosier as collateral for certain loans, since paid, and to have the several instruments surrendered up and canceled. The voluminous testimony and exhibits disclose a farrago of chicane, fraud and perjury, involving not alone the acts of Mrs. Conlon and the defendant Hosier, but as well the professional conduct of three members of the bar. Because I am loathe to say anything which might prejudice the case of any of these individuals should their acts be hereafter the subject of proceedings in any other forum, I refrain from doing more than to state the conclusions I have reached on those particular merits upon which I base my decision. As indicated upon the trial, the complaint will be dismissed as to defendant James H. Marsh on the ground that it fails to state facts sufficient to constitute him either a proper or a necessary party. Seiferd v. Mulligan, 36
Judgment accordingly.