Jenks v. . Quinn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 10, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Ho recovery can be had under the evidence and the findings of the court.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 10, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Ho recovery can be had under the evidence and the findings of the court. (Russell v. Pistor, 3 Seld. 171; Rindskopt v. F. L. & T. Co., 58 Barb. 36; Kelly v. D. Church, 2 Hill, 105; Thompson v. Blanchard, 4 Comst. 303.) The sale was void because…
1Opinion of the CourtO’Brien, J.
The judgment from which this appeal was taken was recovered by the plaintiff as his damages for breach of a covenant of quiet enjoyment in a warranty deed. On the 2d day of October, 1871, John and Daniel Curtin were the owners, as tenants in common, of a farm in Cortland county, described as containing one hundred and thirty-seven acres and seventy-seven and a half rods of land. This land was encumbered by a mortgage of $496, to the loan commissioners of the county given by a former owner June 20, 1837, and which the Curtins had, upon the purchase of the land, assumed and agreed to pay. On…
2Cases cited2 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Wilcox v. . CampbellNew York Court of Appeals · 1887
3Cited by15 opinions
- Uihlein v. . MatthewsNew York Court of Appeals · 1902
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Ehmer v. . Title Guarantee Trust Co.New York Court of Appeals · 1898
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
- Hamilton v. FarmerSupreme Court of Arkansas · 1927
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