Bernstein v. . Nealis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover the amount paid by plaintiff upon a contract to purchase certain real estate and expenses incurred on the ground that the title tendered was defective. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover the amount paid by plaintiff upon a contract to purchase certain real estate and expenses incurred on the ground that the title tendered was defective. The facts, so far as material, are stated in the opinion. The title is free from reasonable doubt, and there is no one who could claim any part of the property as against the…
1Opinion of the CourtPeckham, J.
We think the defendant proved a good title to the premises which he contracted to sell to the plaintiff. They consisted of a house and lot stated in the contract as being Ho. 237 Elizabeth street in the city of Hew York. There was no doubt as to where those premises were or as to their actual width upon that street. The question arises out of the description of them by metes and bounds as contained in some of the conveyances through which the defendant derives title: The deed of 1869 from Bosamond Floyd to Stutzman is the first one which it will be material to consider.
It described a dwelling…
2Cases cited1 opinion
- Thayer v. . FintonNew York Court of Appeals · 1888
3Cited by10 opinions
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
- Matter of City of N.Y. (W. 10th St. R. Corp.)New York Court of Appeals · 1931
- Heller v. CohenAppellate Division of the Supreme Court of the State of New York · 1896
- In re the City of New YorkNew York Court of Appeals · 1931
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
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