Steinhardt v. Cunningham
New York Supreme Court
Appeal from special term, New York county. Action by Morris Steinhardt against Edward Cunningham to recover a certain sum paid on an executory contract for the purchase of land, on the ground that defendant was unable to give a good title. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBarrett, J.
We are unable to see what difficulty there was with the defendant’s title. The questions which were raised by the plaintiff seem, upon the particular facts of the case, to be purely speculative. Solomon Freedman died seised of one undivided half of the premises in question, subject to a mortgage. Freedman left a will which attempted to create a trust. His estate, real and personal, was thereby devised and bequeathed to his wife, Rosa, and to bis friend Heller, in trust to pay legacies to his children. This was followed by a power in these words: “Item, 5. I give to my said trustees, executor…
2Cases cited11 opinions
- Cooke v. . PlattNew York Court of Appeals · 1885
- Landon v. . TownshendNew York Court of Appeals · 1889
- Roseboom v. MosherNew York Supreme Court · 1846
- Andrews v. . O'MahoneyNew York Court of Appeals · 1889
- In re StevensonNew York Court of Chancery · 1831
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