Kilmer v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of the plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 11 J. & S., 461.) The nature of the action and the facts are set forth sufficiently in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of the plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 11 J. & S., 461.) The nature of the action and the facts are set forth sufficiently in the opinion. Where a deed differs from a prior written contract there is no presumption that the whole agreement was expressed in the contract, and the deed will not be reformed unless it is shown clearly that both parties understood the actual agreement to differ from that expressed in the…
1Opinion of the CourtBanforth, J.
This is an appeal from a judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment of the Special Term, after a trial before the court without a jury.
The plaintiff was the grantee in a deed of land on Seventy-seventh street, executed by the defendant Smith and wife, reciting a consideration of $105,000, in hand paid, dated April 30th, 1874, acknowledged on the first day of May, thereafter, and immediately recorded. The plaintiff did not sign the deed, but after the usual premises, including a description of the property granted, and the habendum clause;…
2Cases cited4 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Rider v. . PowellNew York Court of Appeals · 1863
- Botsford v. McLeanNew York Supreme Court · 1866
- Jackson v. . AndrewsNew York Court of Appeals · 1874
3Cited by36 opinions
- Kelley v. WardTexas Supreme Court · 1901
- Parchen v. ChessmanMontana Supreme Court · 1914
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Page v. HigginsMassachusetts Supreme Judicial Court · 1889
31 more not listed; retrieve them via the Exa API.