O'Brien v. Seybolt
Appellate Division of the Supreme Court of the State of New York
Appeal in the first case by the defendant, Alva Seybolt, from an order of a justice of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Otsego on the 14th day of April, 1914, staying the defendant from enforcing the judgments of the Court of Appeals mentioned in the two following cases.
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Appeal in the first case by the defendant, Alva Seybolt, from an order of a justice of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Otsego on the 14th day of April, 1914, staying the defendant from enforcing the judgments of the Court of Appeals mentioned in the two following cases. Appeal in the second case by the plaintiff, Alva Seybolt, from part of an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Otsego on the 15th day of April, 1914. The order was made upon…
1Opinion of the Court
Howard, J.:
Thomas J. O’Brien and Alva Seybolt, the litigants herein, at one time entered into a contract with each other whereby Seybolt agreed to sell, and O’Brien agreed to purchase, certain parcels of land in Oneonta, N. Y. Subsequently O’Brien brought an action against Seybolt to rescind the contract, and then afterwards Seybolt brought an action against O’Brien to foreclose the contract. Finally both of these actions came on for trial, and through the instrumentality of the trial justice, certain negotiations for settlement were had, and it was finally agreed, so O’Brien maintains, that…
2Cases cited2 opinions
- McGregor v. James BuellNew York Court of Appeals · 1864
- MacGregor v. BuellNew York Supreme Court · 1862
3Cited by3 opinions
- Gilmore v. HirschmanAppellate Division of the Supreme Court of the State of New York · 1919
- Eikenberry v. Adirondack Spring Water Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Michalowski v. EyAppellate Division of the Supreme Court of the State of New York · 1959