Foland v. Italian Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Italian Savings Bank of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 15th day of March, 190Í, upon the decision of the court rendered after a trial at the Queens County Special Term.
1Opinion of the Court
Hooker, J.:
The action is to recover from the contract vendor of certain real. estate the amount paid upon the. purchase at the time the contract was made, together with the expense of examining the title. The plaintiff has had a verdict, and the defendant appeals. The plaintiff contends that the title was objectionable on account of a restriction to which the land was subject by reason of the provisions of early deeds, but the defendant insists that the failure to perform was not due to a claim of such restrictions because the vendee never raised the question. A question of fact was presented…
2Cases cited2 opinions
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Darrow v. CornellAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Waller v. LiebermanMichigan Supreme Court · 1921
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- Segal v. KulchAppellate Division of the Supreme Court of the State of New York · 1961
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915