Moser v. . Cochrane
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made April 17, 1885, which affirmed a judgment in favor of defendant, entered upon the decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made April 17, 1885, which affirmed a judgment in favor of defendant, entered upon the decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. i Within three years from the granting of letters of administration, purchasers of real property which belonged to the decedent will not be protected if such decedent’s debts exceeded his personalty. (Code of Civil Pro. §§ 2749, 2801; Slocum v. English, 62 N.…
1Opinion of the CourtDanforth, J.
The complaint sets out an agreement in writing by which the plaintiff undertook to buy and the defendant to sell certain premises in the city of Hew York for the sum of $20,500, payable $1,000 down, and the residue in installments at and subsequent to the • delivery of the deed, which it was agreed should be made the 10th day of June, 1882. The $1,000 was paid and in due time the deed tendered, but the plaintiff refused to receive it and commenced this action on the 11th of August, 1882, to recover the money back on the grounds as stated in the complaint:
“First. That the property was part of…
2Cases cited3 opinions
- Spring v. SandfordNew York Court of Chancery · 1839
- Howard v. . JohnstonNew York Court of Appeals · 1880
- Schermerhorn v. NibloThe Superior Court of New York City · 1857
3Cited by25 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Kingsland v. . MurrayNew York Court of Appeals · 1892
- Garden City Sand Co. v. MillerIllinois Supreme Court · 1895
- Douglass v. RansomWisconsin Supreme Court · 1931
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