Scheibeler v. Albee
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emma Scheibeler, from that portion of an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of New York on the 26th day of December, 1905, upon the decision of the court rendered after a trial at the New York.Special Term which dismisses the complaint herein.
1Opinion of the Court
Houghton, J.:
Plaintiff’s complaint avers that her assignor entered into an agreement to purchase, and the defendants, as trustees and executors of the estate of Elliott P. Gleason, deceased, to sell, certain premises at a specified price and give good title thereto, and that such assignor at the time of the execution of the contract paid $1,000 on account of the purchase price thereof; that defendants failed to give good title or to repay such moneys advanced, and judgment is demanded for this money together with $500 expended in examination of title and for counsel fee connected therewith.
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2Cases cited4 opinions
- De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- Wall v. . Kellogg's ExecutorsNew York Court of Appeals · 1857
- Dunham v. FitchAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Galdjie v. DarwishCalifornia Court of Appeal · 2003
- McCormick v. TylerAppellate Division of the Supreme Court of the State of New York · 1914
- McCormick v. TylerAppellate Division of the Supreme Court of the State of New York · 1914