Olmstead v. . Rawson
New York Court of Appeals
Appeal from á judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, ■ are stated in the opinion. The court adopted an improper measure of damages in relation to the three lots affected by the widow’s right of dower.
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Appeal from á judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, ■ are stated in the opinion. The court adopted an improper measure of damages in relation to the three lots affected by the widow’s right of dower. (Wager v. Schuyler, 1 Wend. 553; Patrie v. Folz, 22 J. & S. 223; Dimmick v. Lockwood, 10 Wend. 142; Andrews v. Appel, 22 Hun, 429 ; Grant v. Tollman,…
1Opinion of the CourtHiscock, J.
Bespondent recovered in this action substantially the entire purchase price paid for premises conveyed to him by defendant, with interest and various costs and expenses as damages, for a breach of covenants of warranty and of quiet possession contained in the conveyance of said premises. Damages have been allowed upon the theory of an entire failure of title to part of the premises and of a complete eviction from the balance. "We think that the judgment awarded was so erroneous with respect to the latter branch of the case that it must be modified.
January 13, 1902, the appellant and his wife…
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- Madison County Construction Co. v. StateNew York Court of Claims · 1941
- National Metal Edge Box Co. v. GothamAppellate Division of the Supreme Court of the State of New York · 1908
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