Sisco v. Martin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George H. Sisco, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 18th day of May,. 1900, upon the decision of the court rendered after a trial at the Kings County Special Term, a jury having been waived.
1Opinion of the Court
Jjenks, J.:
This is an appeal from a judgment dismissing the complaint at the trial of an acti@n to recover a deposit paid upon a contract for the sale of lands and the expenses of examination of title. The plaintiff rejected the title on June 13, 1898, upon the ground that, though it was derived through the will of Gould, admitted to probate by the surrogate on January 31, 1898, there was no proof of •service of citation upon Homer and Culmenique, next of kin and .heirs at law, nor appearance by them. It appears that an order was made by the surrogate on December 8, 1897, directing service of…
2Cases cited7 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- O'Connor v. . HugginsNew York Court of Appeals · 1889
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
- In the Matter of the Estate of HoodNew York Court of Appeals · 1882
- Kelly v. . WestNew York Court of Appeals · 1880
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3Cited by3 opinions
- In re the Estate of CroninNew York Surrogate's Court · 1932
- Smith v. BloodAppellate Division of the Supreme Court of the State of New York · 1905
- Opton v. Guaranty Trust Co.New York Supreme Court · 1949