Talman v. Franklin
The Superior Court of New York City
This action was brought to recover damages against the defendant for his refusal to complete a purchase alleged to have been made by him from the plaintiff, Taiman, of eight lots in the city of Hew York.
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This action was brought to recover damages against the defendant for his refusal to complete a purchase alleged to have been made by him from the plaintiff, Taiman, of eight lots in the city of Hew York. The allegations in the complaint cannot be stated more briefly than in the words of the complaint itself, which are as follow: . City and Cowniy of New YbrJc : George F. Taiman and Cyrus W. Field, plaintiffs, complain : Firi'st. That George F. Taiman, being the owner in fee of twenty-six lots of land at Harlem, in the Twelfth "Ward of the city of Hew York, once part of the estate of the late…
1Opinion of the CourtBy the Court. Duer, J.
It is with considerable reluctance that we have arrived at the conclusion that this action, upon the evidence before us, cannot be maintained; but we are now satisfied, that, without an entire disregard of the authorities that ought to govern us, it is a conclusion from which we cannot escape.
It is very doubtful whether Mr. Taiman, who, by the assignment to his co-plaintiff, had divested himself of all interest in the subject of the .action, could properly be made a party, but as this objection is not raised in the pleadings, and was riot taken on the trial, it cannot now be entertained.…
2Cases cited4 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- Pinckney v. HagadornThe Superior Court of New York City · 1852
- Brouwer, Receiver, &c. of The Pelican Mut. Insurance v. HarbeckThe Superior Court of New York City · 1852
3Cited by3 opinions
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Ross v. City of ClintonSupreme Court of Iowa · 1877
- Gilbert v. BeachThe Superior Court of New York City · 1855