Holmes v. Bush
New York Supreme Court
Appeal from a judgment in the plaintiffs favor, rendered on the decision of the trial judge at the Tates Circuit, a jury being waived. The recovery was for $526.60 damages. The action was brought to recover the unpaid purchase-money for lands sold by the plaintiff to the defendant. The contract between the parties was made on the 12th day of May, 1882, the entire purchase-price .being $2,000, and the recovery was for a balance thereof remaining unpaid.
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Appeal from a judgment in the plaintiffs favor, rendered on the decision of the trial judge at the Tates Circuit, a jury being waived. The recovery was for $526.60 damages. The action was brought to recover the unpaid purchase-money for lands sold by the plaintiff to the defendant. The contract between the parties was made on the 12th day of May, 1882, the entire purchase-price .being $2,000, and the recovery was for a balance thereof remaining unpaid. It was a condition of the contract that the payment for which the judgment was recovered should be made on the lpt day of July, 1882, upon the…
1Opinion of the Court
Barker, JT.:
As to the undivided one-third part of the premises the plaintiff derived title from the heirs-at-law of Farley Holmes, deceased. On the 9th day of August, 1879, Balph T. "Wood recovered a judgment in the Tates County Court for the sum of $665 damages and ninety-four dollars costs, and the same was duly docketed and became a lien on the real estate of Holmes. Afterwards, and on the eighth day of September of the same year, Holmes made application to set aside the judgment, excusing his default in not appearing upon the trial of the issues before the referee, and an order was…
2Cases cited6 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Baker v. KingslandNew York Court of Chancery · 1843
- Mott v. . Union Bank of City of New YorkNew York Court of Appeals · 1867
- Mott v. Union BankThe Superior Court of New York City · 1861
- Wilson v. WhiteNew York Supreme Court · 1827
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