Korminsky v. Korminsky
The Superior Court of New York City
Appeal by tlie defendant from a judgment, entered upon a decision on a trial before tlie court, without a jury, compelling specific performance of an agreement to devise real estate, and ordering a conveyance from defendant, one of the heirs of the estate of Abraham Korminsky, deceased, to the plaintiffs..
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Appeal by tlie defendant from a judgment, entered upon a decision on a trial before tlie court, without a jury, compelling specific performance of an agreement to devise real estate, and ordering a conveyance from defendant, one of the heirs of the estate of Abraham Korminsky, deceased, to the plaintiffs.. Abraham Korminsky, the father of the parties to this action, died in March, 1891, leaving him surviving, as his heirs at law, the parties to this action, and Bachel 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…
1Opinion of the CourtGildersleeve, 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 ivas 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 said Abraham Korminsky…
2Cases cited4 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
3Cited by7 opinions
- 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
- Sullivan v. TownsendArizona Supreme Court · 1926
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