Story v. . Conger
New York Court of Appeals
On the 14th day of December, 1849, the Defendant and his wife conveyed to the Plaintiff certain real estate in the city of New York, and by the deed the Plaintiff covenanted that the premises were free and clear, among other things, of taxes and assessments. At the time of the conveyance there was a tax for the year 1849 of $189.31, which was a lien and encumbrance on the premises, and which the Defendant was then liable to pay.
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On the 14th day of December, 1849, the Defendant and his wife conveyed to the Plaintiff certain real estate in the city of New York, and by the deed the Plaintiff covenanted that the premises were free and clear, among other things, of taxes and assessments. At the time of the conveyance there was a tax for the year 1849 of $189.31, which was a lien and encumbrance on the premises, and which the Defendant was then liable to pay. The Defendant failed to pay the tax, and the Plaintiff paid the same on the 14th of February, 1850. And for the recovery of the sum so paid, with interest, this…
1Opinion of the Court
Hunt J.
Two questions are. presented by the present demand for a new trial: First, was the Defendant, by the preliminary agreement of sale, which was in-writing, of the date of November 30, 1849, bound to pay the tax in question % Secondly, if he was not, has he stated facts enough in his answer to entitle him to the relief he desires ?
In the answer, this agreement of sale is set out at length. By its first provision the Defendant agrees to sell to the Plaintiff the property in question, for a sum specified, “ and to convey and release the same to him, by a good and sufficient deed, on the…
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