Landon v. . Townshend
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 6, 1891, which affirmed a judgment in favor of plaintiffs entered irpbn the report of a referee. This is an action of ejectment brought to recover the possession of certain premises in the city of Hew York and described in the complaint. The plaintiffs are the surviving executors of one Benjamin IT.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 6, 1891, which affirmed a judgment in favor of plaintiffs entered irpbn the report of a referee. This is an action of ejectment brought to recover the possession of certain premises in the city of Hew York and described in the complaint. The plaintiffs are the surviving executors of one Benjamin IT. Hutton, who died in the city of Hew York on the 17th day of February, 1884. John H. Whiting, who is named in the will as one of the executors thereof, died on or about…
1Opinion of the CourtPeckham, J.
This case has already been before this court and is reported in the 112 N. Y. 93. The defendants’ counsel claims that the case is now res adjudícala, as there is no fact existing in the case now before us which did not exist at that time, and that this court then decided upon those facts, the plaintiffs were not entitled to judgment.
The counsel is mistaken in his claim. The only point ■decided by this court on the former appeal was as to the effect of the attempted foreclosure by the administrator of Price against Waddell, the assignee in bankruptcy, wherein Waddell was made a party, but not…
2Cases cited2 opinions
- Landon v. . TownshendNew York Court of Appeals · 1889
- Bliss v. . JohnsonNew York Court of Appeals · 1883
3Cited by8 opinions
- Florence Trading Corp. v. RosenbergCourt of Appeals for the Second Circuit · 1942
- McGuckin v. MilbankNew York Supreme Court · 1895
- Moore v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Bert E. Anderson Co. v. HashaCalifornia Court of Appeal · 1932
- Ireland v. HallAppellate Division of the Supreme Court of the State of New York · 1912
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