Mygatt v. . Coe
New York Court of Appeals
Appeal from judgment of the General Term of the 'Supreme Court in the first judicial department, entered upon -an order made October 17, 1892, which affirmed a judgment in favor of defendant entered upon an order dismissing the ■complaint on trial at Circuit. This action was brought to recover damages for alleged breach of covenants of quiet enjoyment and warranty in a ■deed executed by defendant and his wife.
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Appeal from judgment of the General Term of the 'Supreme Court in the first judicial department, entered upon -an order made October 17, 1892, which affirmed a judgment in favor of defendant entered upon an order dismissing the ■complaint on trial at Circuit. This action was brought to recover damages for alleged breach of covenants of quiet enjoyment and warranty in a ■deed executed by defendant and his wife. It appeared that on July 15, 1858, Ebenezer L. Roberts and wife executed and delivered to Almira S. Coe, defendant’s wife, a deed, which purported to convey “ to her sole .and separate…
1Opinion of the CourtFinch, J.
It is our duty to follow and abide by the decision of the Second Division of this court made in the case at bar when it was before them on appeal, so far as the facts found and the questions determined are identical. (Williamsburgh Savings Bank v. Town of Solon, 136 N. Y. 465 ; Cluff v. Day, 141 id. 580.) Deserving freedom of thought and action when the case becomes a precedent only, we must here and now, in the same action between the same parties, accept without criticism'what has been decided. It is claimed, however, that upon the last trial new evidence and new findings have totally…
2Cases cited7 opinions
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Nye v. . HoyleNew York Court of Appeals · 1890
- Fenwick v. PhillipsCourt of Appeals of Kentucky · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Commercial Union of America, Inc. v. Anglo-South American Bank, Ltd.Court of Appeals for the Second Circuit · 1925
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Wiggins v. Pender.Supreme Court of North Carolina · 1903
- Geiszler v. . De GraafNew York Court of Appeals · 1901
26 more not listed; retrieve them via the Exa API.