Thorp v. . the Keokuk Coal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of the plaintiff entered upon a verdict. (Reported below, 47 Barb., 439.) Action upon an implied covenant in a deed executed to defendant.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of the plaintiff entered upon a verdict. (Reported below, 47 Barb., 439.) Action upon an implied covenant in a deed executed to defendant. The following facts appeared upon the trial: On the 5th day of July, 1860, Joseph F. Franklin executed and delivered to the plaintiff a mortgage of that date on certain lands in Iowa, to secure the payment of a bond of the same date, which was made and executed by Franklin and his co-obligors, J. W. Currier, Levi Dodge, E. B. La Bau…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It was claimed, upon the trial and upon the argument in this court, that the plaintiff could not recover, because there was no proof that the deed from Franklin to the defendant was ever delivered to or accepted by the defendant. There is no such defence set up in the answer. On the contrary, it is expressly admitted that Franklin and wife "executed" the deed to the defendant, and this is, in effect, an admission that the deed was signed, sealed and delivered.…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burr v. . BeersNew York Court of Appeals · 1861
- King v. WhitelyNew York Court of Chancery · 1843
- Trotter v. . HughesNew York Court of Appeals · 1854
- Binney v. PlumleySupreme Court of Vermont · 1833
3Cited by42 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Kirtz v. . PeckNew York Court of Appeals · 1889
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