Talmage v. Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah Jane Talmage, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 8th day of ¡November, 1901, upon the decision of the court, rendered after a trial at the Queens County Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Hirschberg, J.:
For many years prior to 1880 the plaintiff, Sarah J. Talmage,- had been the owner in fee of certain unincumbered real estate in Queens county. Through her husband, David M. Talmage, she negotiated a sale of the property to a Mrs. Eda Rubino for the sum of $25,000. She executed a deed of the property to the purchaser, which was dated May 1,1880, and recorded June 9, 1880. She never saw the purchaser, her husband attending wholly to the transaction. Her husband received the sum of $5,000 cash paid upon the purchase, and also took in his own name a bond secured by a purchase-money…
2Cases cited8 opinions
- Higgins v. . CrouseNew York Court of Appeals · 1895
- Decouche v. SavetierNew York Court of Chancery · 1817
- Gilmore v. . HamNew York Court of Appeals · 1894
- Clarke v. Boorman's ExecutorsSupreme Court of the United States · 1874
- Wilmerding v. RussSupreme Court of Connecticut · 1865
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3Cited by2 opinions
- In Re FischerDistrict Court, E.D. New York · 2004
- East Lake Lumber Co. v. VanGorderNew York Supreme Court · 1919