Smith v. . Peyrot
New York Court of Appeals
Appeal, by permission, from a judgment of' the Appellate Division of the Supreme Court in the first judicial department, entered December 14,1909, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of defendant.
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Appeal, by permission, from a judgment of' the Appellate Division of the Supreme Court in the first judicial department, entered December 14,1909, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of defendant. The plaintiff, a real estate broker in the city of New York, entered into the following contract with the defendant: “ New York, August MJi, 1908. “ Mr. Lewis A. Peyrot, executor of the Peyrot Estate, hereby agrees to accept $10,000 first mortgage @ 5-^ for three years, interest payable every six months, on…
1Opinion of the CourtWerner, J.
Under the will of Maria Louisa Adelaide Peyrot, deceased, her executors were given full power in their discretion to sell, convey and mortgage any or all of her real estate “for the purpose of carrying out the provisions of this instruments Assuming to act under this power the executors sought to mortgage the real estate for the purpose of raising funds to loan or advance to the heirs, and with that in view the defendant entered into the contract set forth in the preceding statement of facts. At that time the debts and specific legacies had been paid and, therefore, the necessity for the…
2Cases cited5 opinions
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Knapp v. . WallaceNew York Court of Appeals · 1869
- Gatling v. Central Spar VereinAppellate Division of the Supreme Court of the State of New York · 1901
- Putzel v. WilsonNew York Supreme Court · 1888
3Cited by24 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Hecht v. MellerNew York Court of Appeals · 1968
- Home Banking & Realty Co. v. BaumSupreme Court of Connecticut · 1912
- Wilson v. Ross Investment CompanySupreme Court of Colorado · 1947
- Van Vliet & Place, Inc. v. GainesNew York Court of Appeals · 1928
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