Hawes v. . Dobbs
New York Court of Appeals
Appeal from judgment of the General Term of the Oourtof Common Pleas for the city and county of Hew York, entered upon an order made March 7, 1892, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This was an action in equity.
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Appeal from judgment of the General Term of the Oourtof Common Pleas for the city and county of Hew York, entered upon an order made March 7, 1892, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This was an action in equity. The facts as alleged in the complaint, and found at the Special Term, are substantially as follows: In June, 1887, the defendant Charles G. Dobbs, owned certain real estate in the city of Hew York, subject to three mortgages given to secure, in the aggregate, the sum of $39,000. In that month he conveyed…
1Opinion of the CourtEarl, J.
We agree with the court below that the facts alleged in the complaint, proved upon the trial and found at the Special Term, do not make a case entitling the plaintiff to the equitable relief which he demands. The substance of the agreement was that the defendant Dobbs would protect the deed and mortgage given by 27iebuhr to plaintiff’s assignor. At that time Dobbs did not own the real estate, and it does not appear that it was then contemplated either by him or Hawes that he would ever become the owner thereof. He did not charge any real estate by the agreement which he made. He simply…
2Cases cited2 opinions
- Truscott v. . KingNew York Court of Appeals · 1852
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
3Cited by14 opinions
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- In Re Application of County TreasurerAppellate Court of Illinois · 1975
- Snaith v. SmithNew York Court of Common Pleas · 1894
- Kaston v. Nathan Zimmerman & George Orlove & Co.Appellate Division of the Supreme Court of the State of New York · 1920
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