Osborne v. Hughes
Appellate Division of the Supreme Court of the State of New York
Appeal by the'plaintiff, William C. Osborne, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 21st day of April, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Jenks, J.:
This is an action to recover money paid on a contract for the sale of real estate;, which was not performed. The defendant entered-into the contract with Bollenbach, who, before the day of performance, assigned the contract to Page, who in turn likewise, and before the said day, assigned to the plaintiff. The assignments were written and were duly acknowledged. It appeared at the trial that the original party as vendee and the assignees of her interest all acted at the request of. Caulkins and for his benefit, and that he was behind them and furnished the moneys paid on the contract…
2Cases cited2 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Hunter v. AllenAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Hoppe v. Russo-Asiatic BankAppellate Division of the Supreme Court of the State of New York · 1922
- Morrison v. SchmemanAppellate Division of the Supreme Court of the State of New York · 1915
- Donlin v. CarlowNew York Supreme Court · 1923