Legal Opinion
Smith v. Treuthart
New York Supreme Court
Decided July 21, 1927PublishedCited by 10 opinions
1Opinion of the CourtThompson, J.
A jury has decided by way of answers to questions submitted that the note upon which plaintiff brings this action was made and delivered to him as a payment on an executory contract for the sale of real estate, upon which the maker of the note, who is also the vendee in the contract, afterwards defaulted. The question here to be determined is whether or not as matter of law payment of the note can be required of the defendant. It is fundamental that a recovery of a down payment on an executory contract cannot be had either at law or in equity at the suit of a vendee who has refused or…
2Cases cited9 opinions
- Hegeman v. . MoonNew York Court of Appeals · 1892
- Raubitschek v. . BlankNew York Court of Appeals · 1880
- Page v. . McDonnellNew York Court of Appeals · 1873
- Beveridge v. West Side Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- St. Albans Beef Co. v. AldridgeAppellate Division of the Supreme Court of the State of New York · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Haralson v. E.F. Hutton Group, Inc.Court of Appeals for the Fifth Circuit · 1990
- Scott v. StateAlabama Court of Appeals · 1948
- Bank of Tokyo Trust Co. v. Urban Food Malls Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
- Diemar & Kirk Company v. Smart Styles, Inc.Supreme Court of North Carolina · 1964
- Brodsky v. LinderDistrict of Columbia Court of Appeals · 1955
5 more not listed; retrieve them via the Exa API.