Sweet v. Howell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Howell, as administrator, etc., of Sophia Howell, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Columbia county on the 15th day of May, 1902, upon the verdict of a jury, and also from an order bearing date the 8tlr day of May, 1902, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Joseph Howell, as administrator, etc., of Sophia Howell, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Columbia county on the 15th day of May, 1902, upon the verdict of a jury, and also from an order bearing date the 8tlr day of May, 1902, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. On April 1, 1896, this plaintiff purchased from one Sophia Howell a hotel property consisting of about two acres of land in the town of Hillsdale, Columbia county,…
1Opinion of the Court
Parker, P. J.:
The plaintiff having been actually evicted from so much of the property conveyed to him as was included in the easement and. water rights described in his deed from Sophia Howell, brings this action for a breach of the covenant of seizin and of warranty for quiet enjoyment which such deed contained. Had the title to the whole of the property therein described failed and an eviction followed, his measure of damages would have been the $7,000 paid for such premises and interest thereon. (Jenks v. Quinn, 61 Hun, 434 ; Brown v. Allen, 73 id. 291, 294, and cases there cited; Utica,…
2Cases cited1 opinion
- Giles v. DugroThe Superior Court of New York City · 1852
3Cited by4 opinions
- Ross v. HagenWashington Supreme Court · 1957
- Hunt v. . HayNew York Court of Appeals · 1915
- Hunt v. HayAppellate Division of the Supreme Court of the State of New York · 1913
- Olmstead v. RawsonAppellate Division of the Supreme Court of the State of New York · 1906