Hymes v. . Esty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 7, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the alleged breach of a covenant of quiet enjoyment in a deed executed by Joseph Esty, defendants’ testator, to Byron A. Todd, plaintiff’s grantor.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 7, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the alleged breach of a covenant of quiet enjoyment in a deed executed by Joseph Esty, defendants’ testator, to Byron A. Todd, plaintiff’s grantor. The facts, so far as material, are stated in the opinion. The trial court erred in applying the full measure of damages applicable in…
1Opinion of the Court
¡Maynard, J.
The plaintiff is the owner of a lot in the city of Ithaca, conveyed to him in 1876, with covenants of warranty for quiet enjoyment. The defendant’s testator conveyed the same premises, with like covenants, to the plaintiff’s grantor in 1869. The plaintiff claims to have been evicted in 1881 from a triangular strip, twelve feet and eleven inches wide upon the front, and containing two hundred and eighty-three square feet out of eighty-two hundred and fifty square feet in the whole lot. The eviction complained of consisted of a recovery by the village of Ithaca of a judgment against…
2Cases cited13 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- City of Buffalo v. . PrattNew York Court of Appeals · 1892
- Whitbeck v. CookNew York Supreme Court · 1818
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fifth Mutual Building Society of Manayunk's AppealSupreme Court of Pennsylvania · 1934
- L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Ehmer v. . Title Guarantee Trust Co.New York Court of Appeals · 1898
- Marks v. Rueben H. Donnelley, Inc.Appellate Court of Illinois · 1994
- Sandum v. JohnsonSupreme Court of Minnesota · 1913
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