Korminsky v. Korminsky
The Superior Court of the City of New York and Buffalo
Appeal from equity term. Action by Samuel Korminsky, Henry Korminsky, and Benjamin Korminsky against Jacob Korminsky to compel specific performance of an agreement to devise land. From a judgment in favor of plaintiffs, defendant appeals. Affirmed. . Abraham Korminsky, the father of the parties to this action, died in March, 3891, leaving, him surviving, as his heirs at law, the parties to this action and Rachel Lubin, Anna Baron, and Mary Harris.
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Appeal from equity term. Action by Samuel Korminsky, Henry Korminsky, and Benjamin Korminsky against Jacob Korminsky to compel specific performance of an agreement to devise land. From a judgment in favor of plaintiffs, defendant appeals. Affirmed. . Abraham Korminsky, the father of the parties to this action, died in March, 3891, leaving, him surviving, as his heirs at law, the parties to this action and Rachel Lubin, Anna Baron, and Mary Harris. At. the time of his death, he held the title to the premises in question under a deed from one Eliza Basch, dated April 3, 1873. The purchase from…
1Opinion of the Court
GILDERSLEEVE, J..The equity powers of the court are invoked by the plaintiffs in this action to compel the specific performance of the agreement entered into with their father, at the time they caused the premises in question to be conveyed to him. If the agreement was established on the trial by competent evidence, and it is one which a court of equity should enforce by compelling specific performance, it follows that the judgment herein was correct, and should be sustained. The fifth finding of fact made by the learned trial court is as follows:
“That, at the time of such conveyance, the…
2Cases cited6 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Bennett v. AbramsNew York Supreme Court · 1863
- Kenyon v. YoulanNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kofka v. RosickyNebraska Supreme Court · 1894
- Svanburg v. FosseenSupreme Court of Minnesota · 1899
- Selle v. SelleSupreme Court of Missouri · 1935
- Stewart v. SmithCalifornia Court of Appeal · 1907
- Allen v. BrombergSupreme Court of Alabama · 1909
4 more not listed; retrieve them via the Exa API.