Smith v. . Frankfield
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing and setting aside a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 13 Hun, 489.) This action was brought to recover damages for an alleged breach of covenant of seizin and of a good right to convey, contained in a deed from defendant to plaintiff of certain premises in the city of New York.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing and setting aside a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 13 Hun, 489.) This action was brought to recover damages for an alleged breach of covenant of seizin and of a good right to convey, contained in a deed from defendant to plaintiff of certain premises in the city of New York. The facts appear sufficiently in the opinion, The covenant of seizin is satisfied only by the transfer of an indefeasible title. (Rawle…
1Opinion of the CourtAndrews, J.
The reversal of the judgment in the suit of Bostwick v. Frankfield subverted the basis and ground of the judgment in this case. The plaintiff, to sustain the allegation of a breach of the covenants of seizin and of a good right to convey, relied upon the fact that before the deed to the plaintiff was executed, the defendant had entered into a contract to sell the premises embraced therein to one Thrall, and that the contract was in full force when the plaintiff’s deed was executed, and entitled .Mrs. Bostwick, who had acquired Thrall’s interest in the contract, to demand a conveyance of the…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Hall v. . AndrewsNew York Court of Appeals · 1875
3Cited by7 opinions
- Seaman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1902
- Boyd v. BoydCity of New York Municipal Court · 1894
- Fleet v. KalbfleischNew York Supreme Court · 1887
- Forstman v. SchultingNew York Supreme Court · 1886
- Mack v. HinesNew York Supreme Court · 1920
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