Legal Opinion

Werner v. Wheeler

Appellate Division of the Supreme Court of the State of New York

Decided January 6, 1911PublishedCited by 6 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Laughlin, J.:

On the 15th day of November, 1906, the defendant conveyed to plaintiff certain premises in the borough of Manhattan, New York, described in the submission, by a deed containing covenants of seizin, of quiet enjoyment, of warranty, of freedom from incumbrances except as stated, and that the grantor “will execute or procure any further necessary assurance of the title to said premises.” Plaintiff thereupon went into possession under the conveyance and on the twenty-third day of the same month contracted to convey the jiremises to one Cohn with a full covenant warranty deed subject…

2Cases cited33 opinions

  1. Staats v. Executors of Ten EyckNew York Supreme Court · 1805
  2. Corley v. . McElmeelNew York Court of Appeals · 1896
  3. Lockman v. . ReillyNew York Court of Appeals · 1884
  4. Mygatt v. . CoeNew York Court of Appeals · 1891
  5. Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890

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3Cited by6 opinions

  1. In re the Estate of GagliardiNew York Court of Appeals · 1982
  2. Dreiser v. John Lane Co.Appellate Division of the Supreme Court of the State of New York · 1918
  3. Murphy v. United States Title Guaranty Co.Appellate Terms of the Supreme Court of New York · 1918
  4. Tomosky v. City of BradfordAppellate Division of the Supreme Court of the State of New York · 1993
  5. Havens v. HowellAppellate Division of the Supreme Court of the State of New York · 1935

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