Crowley v. Johnston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Crowley, from a judgment;' of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New. York on the 17th day of June, 1903, upon the verdict of á jury rendered by direction of the court ■after a trial at the New York Trial Term.
1Opinion of the Court
Hatch, J.:
The complaint herein avers a cause of action for the breach of a ■contract in failing to record a mortgage which had been left by the ■plaintiff with the defendants for record. There are no averments ■of fraud contained in the complaint or of any other breach save ■such as arises out of the omission by the defendants to comply with their agreement to record. The action, therefore, is one to recover ■damages resulting from a breach of contract. (Carr v. Thompson, 87 N. Y. 160.) Upon the trial plaintiff gave evidence tending to establish that he was the owner of a mortgage which was a…
2Cases cited7 opinions
- Carr v. . ThompsonNew York Court of Appeals · 1881
- Northrop v. . HillNew York Court of Appeals · 1874
- Decker v. . DeckerNew York Court of Appeals · 1888
- King v. . MacKellarNew York Court of Appeals · 1888
- Exkorn v. ExkornAppellate Division of the Supreme Court of the State of New York · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gilbert Properties, Inc. v. MillsteinAppellate Division of the Supreme Court of the State of New York · 1972
- Glens Falls Insurance v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1957
- Goldberg v. BosworthNew York Supreme Court · 1961
- Troll v. GlantzAppellate Terms of the Supreme Court of New York · 1968
- Brennan v. ThompsonNew York Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.