Cowdrey v. . Coit
New York Court of Appeals
Appeal from an order of the General Term of the New York Superior Court, reversing a judgment in favor of the defendant and granting a new trial..
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Appeal from an order of the General Term of the New York Superior Court, reversing a judgment in favor of the defendant and granting a new trial.. This action was brought in the Superior Court of the city of New York, by the plaintiff, on or about the 15th day of May, 1862, to recover a balance of $1,333.50, and interest thereon from the 5th day of June, 1861, claimed to be due to him on a bond for $2,000, given by the defendant, Coit, to Edward H. Hawke, bearing date on the 28th day of February, 1859, and which had, through and by sundry assignments, been transferred to the plaintiff. The…
1Opinion of the Court
The bond, on which the plaintiff sought a recovery, was given for a portion of the purchase money of real estate in the city of Brooklyn, sold and conveyed to the defendant in fee, free from all incumbrances, by Edward H. Hawke, the obligee, and was secured by a mortgage thereon. The deed contained a covenant of warranty and all the usual full covenants. There was, in fact, at the time of such sale and conveyance, a subsisting mortgage for $5,000 on the land and some adjoining property, and in the deed thereof to Hawke, there was a clause, declaring that the premises were subject to the said…
2Cases cited1 opinion
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by17 opinions
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- Mason v. KelloggMichigan Supreme Court · 1878
- Berger v. SiegelMassachusetts Supreme Judicial Court · 1952
- Mason v. LenderothAppellate Division of the Supreme Court of the State of New York · 1903
- Pence v. GabbertMissouri Court of Appeals · 1895
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