Fink v. Wallach
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant, -Karl H. Wallach, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Hew York on the 19th day of Hay, 1905, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Houghton, J.:
The plaintiff entered into a contract to purchase certain real estate and made a payment thereon. Defendant tendered a deed, which plaintiff refused to accept on the ground that the title was defective, and he brings this action to cancel his contract and recover his deposit.
Defendant’s title rests upon a judgment of foreclosure obtained against a non-resident mortgagor and owner of the equity. The foreclosure action was begun and notice of pendency filed, and thereafter, on February 5, 1896, on proper papers, an order of publication was signed by the justice sitting at Special…
2Cases cited4 opinions
- Gates v. . StateNew York Court of Appeals · 1891
- Mutual Life Ins. Co. of New York v. . DakeNew York Court of Appeals · 1881
- Bishop v. CookNew York Supreme Court · 1850
- Rothstein v. RothsteinNew York Supreme Court · 1903
3Cited by14 opinions
- Hurley v. TuckerAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Wogan v. . RaffertyNew York Court of Appeals · 1913
- Manton v. . Brooklyn Flatbush Realty Co.New York Court of Appeals · 1916
- In re KeoughNew York Supreme Court · 1942
- New York County National Bank v. WoodAppellate Division of the Supreme Court of the State of New York · 1915
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