Carolan v. Yoran
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick M. Carolan, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 13th day of June, 1904, upon the decision of the court, rendered after a trial at the New York Trial Term before the court without a jury, dismissing the coinplaint upon the merits.
1Opinion of the Court
Ingraham, J.:
This was an action to recover money paid by the plaintiff upon the execution of a contract whereby the defendants agreed to convey to the plaintiff a piece of land, the plaintiff claiming that the title tendered by the defendants was'not marketable. It is conceded that some time prior to December 27, 1873, the property was vested in one Thomas D. Smith; and that his heirs at law united in a conveyance to one Charles Gerding, and it is under, this conveyance that the defendants claim title. This deed was executed by all of the heirs of Eliza M. Stevenson, their attorney in fact,…
2Cases cited4 opinions
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
- Smith v. . BoydNew York Court of Appeals · 1886
- Paolillo v. FaberAppellate Division of the Supreme Court of the State of New York · 1900
- Freedman v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Campbell v. HarshSupreme Court of Oklahoma · 1912
- Gross v. RowleyAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Real Estate of DonaghyOrphan's Court of Delaware · 1911
- Crocker v. Ingersoll Engineering & Constructing Co.Court of Appeals for the Sixth Circuit · 1918
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