Warren v. Banning
New York Supreme Court
Appeal from special term, New York county. Action by Mary 0. Warren, as executrix, and George H. Warren and Lloyd Warren, as executors, of George Henry Warren, deceased, against William C. Banning, individually, and sole surviving executor of the last will and testament of Abner Mellen, deceased. From a judgment for $38,055.92 damages, and costs, entered on the decision at special term, defendant appeals. Affirmed.
Read the full summary
Appeal from special term, New York county. Action by Mary 0. Warren, as executrix, and George H. Warren and Lloyd Warren, as executors, of George Henry Warren, deceased, against William C. Banning, individually, and sole surviving executor of the last will and testament of Abner Mellen, deceased. From a judgment for $38,055.92 damages, and costs, entered on the decision at special term, defendant appeals. Affirmed. This action was brought to recover $32,064.16, the amount paid by the plaintiffs' testator to the defendant on a sale of real estate; $45, auctioneer’s fees; and $1,085, expenses…
1Opinion of the CourtFollett, J.
It is settled in this state that the equitable rules applicable to a suit to compel a vendee to specifically perform his executory contract to purchase land are also applicable to an action at law brought by him against his vendor, to recover money paid on such a contract, on the ground of the inability of the vendor to vest the vendee with á good or marketable title. Moore v. Williams, 115 N. Y. 586, 22 N. E. Rep. 233; Methodist E. C. Home v. Thompson, 108 N. Y. 618, 15 N. E. Rep. 193; Burwell v. Jackson, 9 N. Y. 535-542. Under this rule, facts which would be a good defense to a suit in…
2Cases cited11 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- New v. . NicollNew York Court of Appeals · 1878
- Margraf v. . MuirNew York Court of Appeals · 1874
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Peters v. . DelaplaineNew York Court of Appeals · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mellen v. BanningNew York Supreme Court · 1893