Riley v. Riley
New York Supreme Court
Appeal from judgment on report of referee. Action by Mary E. Riley against Ashbel W. Riley and Anna Bentley, as executors of Ashbel W. Riley, deceased. There was a judgment in favor of plaintiff, and defendants appeal.
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Appeal from judgment on report of referee. Action by Mary E. Riley against Ashbel W. Riley and Anna Bentley, as executors of Ashbel W. Riley, deceased. There was a judgment in favor of plaintiff, and defendants appeal. The plaintiff was the wife of the testator, who negotiated a sale to the Union & Advertiser Company of certain land at the price of $25,000. The plaintiff declined to execute a deed until the company agreed to pay, in addition to that sum, $2,500 to her for the release of her dower interest in the land. She then executed the deed, and the purchase money, including the $2,500,…
1Opinion of the CourtBradley, J.
On a former review it was held that the action was not barred by the statute of limitations. 141 N. Y. 409, 36 N. E. 398. The only defense sought to be made available on -the last trial was that of alleged payment. The referee found that the defendants’ testator agreed to sell to the Union & Advertiser Company a piece of real estate in the city of Rochester for the sum of $25,000; that the plaintiff refused to sign the deed unless she was paid the sum of $2,500; that thereupon the company agreed with the testator to pay him the sum of $25,000 for the premises, and, in addition, to pay to the…
2Cases cited9 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Hebbard v. . HaughianNew York Court of Appeals · 1877
- Ferris v. . HardNew York Court of Appeals · 1892
- Murray v. SmithThe Superior Court of New York City · 1853
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3Cited by1 opinion
- Sturmdorf v. SaundersAppellate Division of the Supreme Court of the State of New York · 1907