Jay v. Wilson
New York Supreme Court
Appeal from special term, New York county. Action by William Jay and others against William G. Wilson. There was a judgment in favor of plaintiffs, and defendant appeals. The facts are stated by Mr. Justice O’BRIEN, as follows: This action was brought to recover a fee for searching defendant’s title, under an agreement evidenced by a memorandum signed by the defendant, as follows: 1 “48 Wall Street, New York, Nov. 26tb, 1894. “Messrs.
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Appeal from special term, New York county. Action by William Jay and others against William G. Wilson. There was a judgment in favor of plaintiffs, and defendant appeals. The facts are stated by Mr. Justice O’BRIEN, as follows: This action was brought to recover a fee for searching defendant’s title, under an agreement evidenced by a memorandum signed by the defendant, as follows: 1 “48 Wall Street, New York, Nov. 26tb, 1894. “Messrs. Jay & Candler, Attorney and Counsel for Egerton L. Winthrop— Dear Sir: Your client being willing to loan me $20,000 for 5 years at 5 per cent, per annum on my…
1ConcurrenceVan Brunt, P. J.
I concur in the conclusion arrived at by Mr. Justice O’BRIEN that the contract under consideration in this action did not confer upon the plaintiffs the right arbitrarily and capriciously to refuse to be satisfied with the title which was tendered, but that there must be some reason upon which dissatisfaction is founded; but I do not concur in the conclusion that there was any difficulty with the title which was offered under the contract referred to. I think that, in arriving at this conclusion, the learned justice has misconceived the rule applicable to the question of marketable titles. •…
2Cases cited1 opinion
- Irving v. . CampbellNew York Court of Appeals · 1890
3Cited by3 opinions
- Goldberg v. McCordNew York Court of Appeals · 1929
- Spero v. ShultzAppellate Division of the Supreme Court of the State of New York · 1897
- Baecht v. HevesyAppellate Division of the Supreme Court of the State of New York · 1906