Legal Opinion

Bloomgarden v. Hoffmann

Appellate Division of the Supreme Court of the State of New York

Decided January 11, 1907PublishedCited by 2 opinions

Appeal by the plaintiff, Henry Bloomgarden, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of April, 1906.

1Opinion of the Court

Jerks, J.:

This is an appeal from an order of the Special Term denying a motion to punish the defendants for a contempt in failing to ©bey a judgment and thereby .defeating the rights of the plaintiff to his loss. In 1904 the defendants contracted to sell certain premises to the plaintiff,, who thereafter rejected the title as unmarketable and sued to recover $200 paid on account of his purchase and the incidental-expenses. The defendants joined issue, with the pleas of denial of the unmarketability and of “a separate and distinct defense and counterclaim ” that the plaintiff refused title…

2Cases cited4 opinions

  1. People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
  2. Walker v. American Central InsuranceNew York Court of Appeals · 1894
  3. Moser v. . CochraneNew York Court of Appeals · 1887
  4. McCulloch v. VibbardNew York Supreme Court · 1889

3Cited by2 opinions

  1. Cohen v. A. F. A. Realty Corp.New York Court of Appeals · 1929
  2. Maupai v. JacksonNew York Supreme Court · 1909

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