Title Guarantee Trust Co. v. . Haven
New York Court of Appeals
Appeal in each of the ahove-en titled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered respectively June 19 and 18, 1908, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the actions and the facts, so far as material, are stated in the opinions. The rights of the parties are not governed by the law of negoliable paper. (Daniel on Keg.
Read the full summary
Appeal in each of the ahove-en titled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered respectively June 19 and 18, 1908, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of the actions and the facts, so far as material, are stated in the opinions. The rights of the parties are not governed by the law of negoliable paper. (Daniel on Keg. Instr. § 1655a; 2 Parsons on Bills & Notes, 80.) Plaintiff is entitled to recover as for money paid to the use of defendants under a mistake of fact.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Opinion in Action No. 2: The defendants had acquired by devise certain lands in the city of New York subject to a lien of $9,953.83 for assessments imposed by the city for regulating and grading an avenue. Being the owners of such lands, they agreed to sell the premises free and clear of all liens and incumbrances. Under the contract of sale, payment was made in three installments. Before the last payment, the assessments were paid, not by the defendants, by…
2Cases cited6 opinions
- National Park Bank v. . Ninth National BankNew York Court of Appeals · 1871
- Sharp v. ThompsonIllinois Supreme Court · 1881
- Cockrum v. WestIndiana Supreme Court · 1889
- John v. ConnellNebraska Supreme Court · 1901
- Fiacre v. ChapmanNew Jersey Court of Chancery · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Figuers v. FlyTennessee Supreme Court · 1916
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Hollywood, Inc. v. ClarkSupreme Court of Florida · 1943
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
37 more not listed; retrieve them via the Exa API.