Pardee v. . Treat
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Reported below 18 Hun, 298.) This action was brought to recover of defendants the amount of a judgment held by plaintiff against one John B. Gaylord.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. (Reported below 18 Hun, 298.) This action was brought to recover of defendants the amount of a judgment held by plaintiff against one John B. Gaylord. Defendants were sought to be made liable because of a clause in a deed from said Gaylord and wife to defendants of certain premises upon which the judgment was a lien, by which the conveyance was made subject to the liens thereon, which the…
1Opinion of the CourtAndrews, J.
This case turns upon the question whether the doctrine of Lawrence v. Fox (20 N. Y. 268) is applicable to the. covenant of the defendants, in the deed from Gaylord and wife, “to assume and pay as a part of the consideration,” the liens upon the premises conveyed. If the deed was an absolute conveyance of the land and the relation between Gaylord and the defendants, created by the conveyance, was' that of vendor and purchaser simply, the case of Burr v. Beers (24 N. Y. 178) is decisive of the right of the plaintiff, as assignee of a judgment against Gaylord, to maintain this action. The…
2Cases cited13 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burr v. . BeersNew York Court of Appeals · 1861
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Despard v. . WalbridgeNew York Court of Appeals · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Lowe v. TurpieIndiana Supreme Court · 1896
- Willard v. WoodSupreme Court of the United States · 1890
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- Birke v. AbbottIndiana Supreme Court · 1885
34 more not listed; retrieve them via the Exa API.