Legal Opinion

Berenbroick v. St. Luke's Hospital

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

Decided December 15, 1897PublishedCited by 15 opinions

Appeal by the plaintiff, Frederick Berenbroick, from a judgment of the Supreme Court in favor of the defendant, St. Luke’s Hospital in the city of New York, entered in the office of the clerk of the county of New York on the- 5th day of April, 1897, upon the decision of the court rendered after a trial at the New York Special Term dismissing the plaintiff’s complaint upon the merits.

1Opinion of the Court

Williams, J.:

The action was brought to establish and to enforce an alleged vendee’s lien upon real property for purchase money. , Hay 31, 1893, the defendant hospital and the defendant Samuel entered into a written contract whereby the hospital agreed to sell and convey to Samuel property on Fifth avenue between Fifty-fourth and Fifty-fifth streets, New York city, for the sum of $2,400,000, which Samuel agreed to pay as follows: On the execution of the contract, $50,000; on the 29th day of July, 1893, $50,000; on the 2d day of January, 1895, $620,000 in cash, and the balance of $1,680,000 by…

2Cases cited2 opinions

  1. Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
  2. Tinkham v. Erie Railway Co.New York Supreme Court · 1866

3Cited by15 opinions

  1. Wagner V. Wallowa CountyOregon Supreme Court · 1915
  2. Seymour v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 1898
  3. Fausett v. GuisewhiteAppellate Division of the Supreme Court of the State of New York · 1962
  4. Stevens v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1914
  5. Trustees of Calvary Presbyterian Church of Buffalo v. PutnamAppellate Division of the Supreme Court of the State of New York · 1927

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