McGuckin v. Milbank
New York Supreme Court
Action by Henry J. McGuckin against Samuel W. Milbank, Charles M. Cauldwell, and Thomas W. Cauldwell, as executors of William A. ■Cauldwell, deceased, to recover damages for breach of covenants contained in a deed. There was a verdict directed in favor of plaintiff for $1,666.66, and defendants move for a new trial on exceptions ■ordered to be heard at general term in the first instance.
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Action by Henry J. McGuckin against Samuel W. Milbank, Charles M. Cauldwell, and Thomas W. Cauldwell, as executors of William A. ■Cauldwell, deceased, to recover damages for breach of covenants contained in a deed. There was a verdict directed in favor of plaintiff for $1,666.66, and defendants move for a new trial on exceptions ■ordered to be heard at general term in the first instance. One Davies, prior to March, 1887, was the owner of lots Nos. 59, 61, 63, 65, ■67, and 69 East 120th street, New York City. March 9, 1887, he executed and delivered to William A Cauldwell a mortgage on each of…
1Opinion of the CourtParker, J.
The ruling of the court, that the Manchester mortgage constituted an incumbrance upon the property at the time of the conveyance from Cauldwell to this plaintiff, is in accord with the decision of the court of appeals in Landon v. Townshend, 112 N. Y. 93, 19 N. E. 424, and 129 N. Y. 169, 29 N. E. 71, because Manchester was not made a party in his official capacity, nor was it made to appear on the face of the complaint, by answer, or by the appearance of Manchester in the capacity of trustee, that the trust which he represented was intended and understood to be affected: by the suit. The…
2Cases cited9 opinions
- Delavergne v. NorrisNew York Supreme Court · 1811
- Landon v. . TownshendNew York Court of Appeals · 1889
- Barlow v. Saint Nicholas National BankNew York Court of Appeals · 1875
- Dimmick v. LockwoodNew York Supreme Court · 1833
- Ostrander v. . HartNew York Court of Appeals · 1892
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- Brenen v. KellyNew York Supreme Court · 1899
- Edison Electric Illuminating Co. v. RikerNew York Supreme Court · 1895
- Hastings v. HastingsNew York Supreme Court · 1899