Hilliker v. . Rueger
New York Court of Appeals
Cross-appeals from, a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 14,1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Cross-appeals from, a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 14,1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court and the Appellate Division correctly held that an eviction is not necessary for the recovery of substantial damages for breach of a covenant of seizin. (Veit v. McCauslan, 157 App. Div. 335; 213 N. Y. 678; Pollard v. Dwight, 8…
1Opinion of the CourtChase, J.
In 1905 the defendants Ruegers’ testator and his wife conveyed to the plaintiff and his wife as tenants by the entirety, certain real property in the borough of Brooklyn, for which the plaintiff and his wife paid and secured to be paid the sum of $7,000. In the conveyance Rueger covenanted “That the said parties of the first part [Rueger and wife] are seized of the said premises in fee simple and have good right' to convey the same. ” Subsequently and in 1905 Rueger died leaving a last will, which has been duly probated, and the defendants Rueger are the executrices of his will and they…
2Cases cited6 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Clark v. . ScovillNew York Court of Appeals · 1910
- Acme Realty Co. v. . SchinasiNew York Court of Appeals · 1915
- Wanser v. . De NyseNew York Court of Appeals · 1907
- Schaefer v. . HillikerNew York Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hilliker v. . RuegerNew York Court of Appeals · 1920
- Thomas v. LoomisAppellate Division of the Supreme Court of the State of New York · 1948
- Lawrenson v. Worcester Lunch Car & Carriage Manufacturing Co.Massachusetts Supreme Judicial Court · 1938