Lynch v. Rinaldo
New York Court of Common Pleas
On the 29th day of April, 1873, the defendant entered into an agreement in writing with the plaintiff to convey to her, on May 15, 1873, certain buildings known as Nos. 309 and 311 East Thirty-eighth street, New York city. The premises, in accordance with the terms of the contract, were to be conveyed subject to a mortgage amounting to $8,000, and which she, the plaintiff, assumed and agreed to pay.
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On the 29th day of April, 1873, the defendant entered into an agreement in writing with the plaintiff to convey to her, on May 15, 1873, certain buildings known as Nos. 309 and 311 East Thirty-eighth street, New York city. The premises, in accordance with the terms of the contract, were to be conveyed subject to a mortgage amounting to $8,000, and which she, the plaintiff, assumed and agreed to pay. Rinaldo, in accordance and compliance with the terms of his contract, on May 15, 1873, by deed duly executed by himself and wife, conveyed said premises to Mrs. Lynch, subject, however, to the…
1Per curiam
The plaintiff utterly failed to show any agreement by the defendant to pay the interest which had, at the time of the conveyance, accrued upon the mortgage. The evidence on that point is the following:
Mr. Mudgett, the plaintiff’s agent, swears that “Rinaldo said he could not raise money enough to pay his interest, taxes and assessments, and we agreed to take a note for the taxes and assessments. He was to pay his interest at the time the deed was execnted. The interest was overlooked and none of us thought any thing about it.”
*135On cross-examination he was asked if the defendant, in any…
2Cases cited1 opinion
- Graves v. PorterNew York Supreme Court · 1852
3Cited by2 opinions
- Ing v. RobertsNew York Marine Court · 1881
- Pilzemayer v. WalshNew York Marine Court · 1878