Husson v. Oppenheimer
New York Supreme Court
Appeal from special term, Westchester county. Action by Joseph Husson against Jacob Oppenheimer and another to recover moneys retained by defendant upon a sale of real estate to indemnify him for apparent sales of the property for water rates. From an order denying a motion to compel plaintiff to furnish a bill of particulars, defendants appeal.
1Opinion of the CourtBarnard, P. J.
The complaint avers that, upon a conveyance by the plaintiff to the defendant of lands in Kings county, there was retained the *136sum of $450 to indemnify the defendant in case he had to pay some old sales for water rates on the property; that the money was retained in 1886, and that the defendant has never been called upon to pay the money, and has never paid it; that the sales were illegal and invalid. The complaint avers, also, that these water taxes were upon the property sold. The papers show that the money was retained on a tax search, which defendant produced. No case is made for a bill…
2Cited by1 opinion
- Bender v. BenderNew York Supreme Court · 1895