Kennedy v. New York Life Insurance & Trust Co.
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court in the second judicial department, made February 12, 1884, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported below, 32 Hun, 35.) This action was brought to recover damages for an alleged breach of a contract by defendant to sell and convey to plaintiff certain premises.
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Appeal from order of the G-eneral Term of the Supreme Court in the second judicial department, made February 12, 1884, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported below, 32 Hun, 35.) This action was brought to recover damages for an alleged breach of a contract by defendant to sell and convey to plaintiff certain premises. Defendant acquired title under a foreclosure sale; it was ready and willing to convey, but plaintiff declined to accept a conveyance, claiming defendant’s title was defective, in that the summons…
1Opinion of the CourtMiller, J.
The right of. the plaintiff to recover in this action depends upon the construction .to be placed on section 135 of the Code of Procedure.
In Carleton v. Carleton (85 N. Y. 313), upon which the respond ent relies, the affidavit stated, “ that defendant has not resided in the State of Yew York since March, 1877, and deponent is advised and believes is.now a resident of San Francisco, California,” and it was held, that this was not sufficient under the Code of Procedure (§ 135), to authorize the granting of the order; that it was merely an allegation of non-residence, and did not tend to…
2Cases cited1 opinion
- Carleton v. . CarletonNew York Court of Appeals · 1881
3Cited by23 opinions
- Crouter v. . CrouterNew York Court of Appeals · 1892
- McCracken v. . FlanaganNew York Court of Appeals · 1891
- Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
- Kennedy v. . LambNew York Court of Appeals · 1905
- Marx v. EbnerSupreme Court of the United States · 1901
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