Bostwick v. . Frankfield
New York Court of Appeals
Appeal irom order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and ordering a new trial. (Reuorted below, 11 Hun, 475.) This action was brought by plaintiff to enforce an alleged equitable lien upon certain premises in New York city, the title to which was in defendant.
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Appeal irom order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and ordering a new trial. (Reuorted below, 11 Hun, 475.) This action was brought by plaintiff to enforce an alleged equitable lien upon certain premises in New York city, the title to which was in defendant. The facts, as found by the trial court, were substantially as follows : In June 1, 1870, defendant being the owner of three lots of land on the north side of Fifty-seventh street, in the…
1Opinion of the CourtMiller, J.
If the lease executed by the defendant to Thrall was valid ahd operative, at the time when the summary proceedings were instituted by the defendant, and pos session obtained under the same, the plaintiff cannot maintain this action. Such lease was executed on the 1st day of June,
1870, for the term of three years, with the privilege of another year at an increased rent. The contract for the purchase of the premises bore date on the 28th day of April,
1871, and contained a provision that a certain amount was to be paid in cash on passing the title, a large portion of which was to be raised by a…
2Cases cited4 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Canfield v. WestcottNew York Supreme Court · 1826
- Millard v. . McMullinNew York Court of Appeals · 1877
- Schermerhorn v. MerrillNew York Supreme Court · 1847
3Cited by26 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Barbarita v. ShillingAppellate Division of the Supreme Court of the State of New York · 1985
- William P. Rae Co. v. CourtneyNew York Court of Appeals · 1929
- Sid Farber Hempstead Corp. v. BuckleySuffolk County District Court · 1970
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