Greenby v. Cheevers
New York Supreme Court
IN error, from the court of common pleas of Jefferson county. The plaintiff below, Cheevers, declared in assumpsit, for money paid, &c. money lent, &c. and money had and received, &c„ The defendant below pleaded non assumpsi. . . At the trial of the cause, the plaintiff gave in evidence an agreement, dated the 14th of September, 1803, by which Greenby to sell and convey, by a good and sufficient deed, to Cheervers, a certain piece of land, at 3 dollars per acre, if Cheevers…
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IN error, from the court of common pleas of Jefferson county. The plaintiff below, Cheevers, declared in assumpsit, for money paid, &c. money lent, &c. and money had and received, &c„ The defendant below pleaded non assumpsi. . . At the trial of the cause, the plaintiff gave in evidence an agreement, dated the 14th of September, 1803, by which Greenby to sell and convey, by a good and sufficient deed, to Cheervers, a certain piece of land, at 3 dollars per acre, if Cheevers should do and perform his promise, contained in the same agreement which was to pay Greenby 468 dollars and 79 cents, to…
1Per curiam
The mere fact of the existence of the mortgage at the time the plaintiff in error entered into the contract, ivas not evidence of fraud, so as to vacate the agreement. The mortgage was upon record and open to the knowledge of Cheevers. Greenby did not agree to convey until one half of the purchase-money was paid, and one half of it would not be due and payable until the 1st of May, 1806. By that time, the mortgage would have been due and payable, and it is to be presumed that Greenby would then have put himself in a capacity to convey a good title. He was careful not to contract to convey…
2Cited by9 opinions
- Sanford v. CloudSupreme Court of Florida · 1880
- Vielie v. OsgoodNew York Supreme Court · 1849
- Tanzer v. Bankers' Land & Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1913
- Lane v. ShackfordSuperior Court of New Hampshire · 1830
- Sibley v. SpringSupreme Judicial Court of Maine · 1835
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