House v. . Walch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 19, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and 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 fourth judicial department, entered upon an order made April 19, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The order appointing a receiver of the plaintiffs property in proceedings supplementary to execution vested the title of plaintiff to the prop-, erty in question in the receiver, and the court erred in refusing to dismiss the complaint on this ground. (Code Civ. Pro. § 2468; McCorkle v. Hermann, 117…
1Opinion of the CourtBabtlett, J.
This is an appeal from a judgment of the General Term of the fourth department affirming a judgment for plaintiff on the verdict of a jury.. :
The plaintiff seeks to recover damages from the defendant for an alleged breach of a contract, in writing, for the exchange of real estate.
The original complaint set forth the written contract and its breach and asked for damages.
An amended complaint was served setting up the written contract, and also alleging that at the timeo of its execution, and also subsequent thereto, a further and different agreement was made.
notwithstanding the allegations of…
2Cases cited3 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Wilson v. . DeenNew York Court of Appeals · 1878
3Cited by13 opinions
- Lese v. . LamprechtNew York Court of Appeals · 1909
- Brantingham v. . HuffNew York Court of Appeals · 1903
- Lossing v. . CushmanNew York Court of Appeals · 1909
- Scalisi v. New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 2005
- Ayers v. Palatine Insurance Co., Ltd., of LondonNew York Court of Appeals · 1922
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