King v. . Townshend
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of June, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was no cloud on the title.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of June, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was no cloud on the title. (Laws of 1871, chap. 381; Smith v. Buhler, 121 N. Y. 213 ; Lockwood v. Gehlert, 127 id. 244; Bowns v. May, 120 id. 362 ; Purcell v. Elliott, 6 Pet. 95; Hyatt v. Seeley, 11 N. Y. 58.) Plaintiff’s suit was…
1Opinion of the CourtFinch, J.
The relief sought in this action is the cancellation of a lease executed and delivered by the comptroller of the city of 27ew York upon a sale for unpaid taxes. It is admitted by the defendant, who is the assignee of the lease, that it is void because the sale included an illegal charge for interest. It would seem that such an admission should at once end the controversy and the lease be promptly cancelled, but some ulterior purpose appears to lie behind the apparent litigation, and serves to prolong it. For, notwithstanding the defendant’s concession, he resists the relief sought upon the…
2Cases cited6 opinions
- Dawley v. . BrownNew York Court of Appeals · 1880
- Bedell v. . ShawNew York Court of Appeals · 1874
- Sanders v. . Village of YonkersNew York Court of Appeals · 1875
- Lockwood v. . GehlertNew York Court of Appeals · 1891
- Towar v. HaleNew York Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hoover v. KingOregon Supreme Court · 1903
- Fowler v. . CoatesNew York Court of Appeals · 1911
- Haney v. Neace-Stark Co.Oregon Supreme Court · 1923
- In re the Estate of GagliardiNew York Court of Appeals · 1982
- Title Guarantee & Trust Co. v. FallonAppellate Division of the Supreme Court of the State of New York · 1905
14 more not listed; retrieve them via the Exa API.