Keyes & Marshall Bros. Realty Co. v. Trustees of the Canton Christian College
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendant, the Trustees' of. the Canton Christian College, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of June, 1911, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint in an action upon a covenant of warranty.
1Opinion of the Court
Clarke, J.:
Plaintiff is a Missouri corporation. Defendant is a domestic corporation. The complaint sets up an action for damages on breach of covenant of warranty, contained in a deed conveying lands situate in St. Louis, Mo., executed and delivered by defendant at the city of New York to plaintiff’s predecessor in title. Plaintiff, a remote grantee through several mesne conveyances, sues defendant as original covenantor. The breach alleged is a judgment of eviction from a portion of the lands conveyed in a suit brought in the Circuit Court of the city of St. Louis, Mo., by the holder of an…
2Cases cited12 opinions
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Port v. JacksonNew York Supreme Court · 1819
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Mygatt v. . CoeNew York Court of Appeals · 1894
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3Cited by5 opinions
- Rollton Syndicate, Inc. v. WidlitzAppellate Division of the Supreme Court of the State of New York · 1927
- Broaddus v. Vanadium Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1963
- Morris v. HayAppellate Division of the Supreme Court of the State of New York · 1916
- Lawyers Title & Trust Co. v. HewlettAppellate Division of the Supreme Court of the State of New York · 1921
- Llaveria v. PisaniAppellate Division of the Supreme Court of the State of New York · 1941