Browning v. Stillwell
New York Supreme Court
Motion for a new trial in an action for breach of covenants in full covenant and warranty deed.
1Opinion of the CourtClarke, J.
The action is for breach of covenants in a full covenant and warranty deed, by which defendant conveyed the premises to plaintiff. The incumbrance complained of is *347an outstanding parol lease of part of the premises for one year. Verdict was directed for the sum plaintiff was obliged to pay the tenant to secure possession, plus legal expenses incurred. The defendant moves for a new trial on two grounds. 1. That it was error to admit the judgment-roll and entry of judgment in the dispossession proceedings awarding possession to the tenant as conclusive evidence of a breach of defendant’s…
2Cases cited12 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Fritz v. PuseySupreme Court of Minnesota · 1884
- Barney v. DeweyNew York Supreme Court · 1816
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Rickert v. SynderNew York Supreme Court · 1832
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3Cited by3 opinions
- Johnson v. LawsonAppellate Division of the Supreme Court of the State of New York · 1955
- Spadaro v. KeersAppellate Division of the Supreme Court of the State of New York · 1950
- Toch v. HorowitzAppellate Terms of the Supreme Court of New York · 1904