Evans v. Weinstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Mayer J. Weinstein, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 7th day of Movember, 1907, upon the decision of the court rendered after a trial at the Mew York Special Term. ■ ■ •
1Opinion of the Court
Scott, J.:
The defendant appeals from a judgment awarding plaintiff the deposit paid upon a contract for the sale of real estate, with damages. The sole defect in defendant’s title upon which the plaintiff claims the right to rescind, is that Clara F. Mye, a former owner of the premises. agreed to be sold, was not served with the summons and complaint in a foreclosure action in 1897,- and that the court did not acquire jurisdiction over her in that action. The proof shows that service upon Mrs. Mye was attempted to be made by publication, and the particular point of the objection to the title…
2Cases cited4 opinions
- Carleton v. . CarletonNew York Court of Appeals · 1881
- Belmont v. . CornenNew York Court of Appeals · 1880
- Kennedy v. . LambNew York Court of Appeals · 1905
- Howe Machine Co. v. . PettiboneNew York Court of Appeals · 1878
3Cited by2 opinions
- County of Douglas v. FeenanNebraska Supreme Court · 1945
- Murphy v. Franklin Savings BankAppellate Division of the Supreme Court of the State of New York · 1909