Elterman v. Hyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abraham Elterman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk' of the Bounty of Hew York on the 1st day of February, 1906, upon the decision of the -court, rendered after a trial at the Hew York Special Term, dismissing the .complaint upon the merits.
1Opinion of the Court
Scott, J.:
The plaintiff sues to recover an amount of money paid by him upon a contract for the purchase- of .real estate, and his expenses incurred in examining the title, and to establish a lien therefor. -The court below has found the objections to the title to be unsubstantial, and insufficient to warrant the plaintiff’s refusal to complete the contract, and-upon the findings of fact embraced in the decision, all of which find support in the evidence, we conclude that the judgment below- dismissing the complaint was right and. Should be affirmed.
It would be unnecessary to say more were it…
2Cases cited5 opinions
- Nobis v. PollockNew York Supreme Court · 1889
- Schultheis v. McInernyNew York Supreme Court · 1891
- O'Brien v. Buffalo Traction Co.Appellate Division of the Supreme Court of the State of New York · 1898
- O'Brien v. . Buffalo Traction CompanyNew York Court of Appeals · 1901
- Hudson & Manhattan Railroad v. JacksonAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- City of Atlanta v. StokesSupreme Court of Georgia · 1932
- Holmes v. SeamanAppellate Division of the Supreme Court of the State of New York · 1907