Shire v. Plimpton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George A. Plimpton and another from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 22d day of December, 1898, upon the decision of the court rendered after a trial at the Erie Special Term.
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Appeal by the defendants, George A. Plimpton and another from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 22d day of December, 1898, upon the decision of the court rendered after a trial at the Erie Special Term. On the 13th day of February, 1892, Adeline 0. Elder, the plaintiff’s assignor, contracted in writing with the defendant George A. Plimpton, to convey to him the premises known as No. 122 on the Avesterly side of Linwood avenue in the city of Buffalo, being fifty Teet front and rear by one hundred and forty…
1Opinion of the Court
Laughlin, J.:
This action was brought to foreclose the mortgage. It is alleged in the answer that the vendee relied on the original search in thus cónsummating the contract, and that if this defect had been shown in the original search it would have been provided for in the agreement-under which defendant took title. The court is asked to decide that it is included in such agreement, or to reform the bond and mortgage by including it. The defendants do not interpose a counterclaim for damages for breach of contract, and they make no allegation of claim of fraud, but they seek to prevent the…
2Cases cited14 opinions
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Culver v. . RhodesNew York Court of Appeals · 1882
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Simis v. . McElroyNew York Court of Appeals · 1899
- Kent v. WelchNew York Supreme Court · 1810
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3Cited by3 opinions
- Meserole v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1912
- Simon v. NeefAppellate Division of the Supreme Court of the State of New York · 1913
- Green Point Savings Bank v. KrokowAppellate Division of the Supreme Court of the State of New York · 1932