Herzog v. . Marx
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19,1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was no breach of the covenant of seizin.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19,1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was no breach of the covenant of seizin. The articles in question were personal property and Salomon Marx never agreed to sell, nor did he transfer them to the plaintiff. Being personal property, there was and could be no breach of the covenant of seizin. (McKeage v. H.…
1Opinion of the CourtVann, J.
This action was brought to recover damages for a breach of the covenant of seizin contained in a deed dated March 14, 1902, from Salomon Marx, the devisor of the defendants, to the plaintiff. The premises were described in the deed as “all those four certain lots of land with the improvements thereon erected and situate in the borough of Manhattan, city of New York, bounded and described as follows, to wit;” then followed a description by metes and bounds. The deed contained a covenant on the part of the grantor to the effect that “ the said Salomon Marx at the time of the execution and…
2Cases cited5 opinions
- Mott v. . PalmerNew York Court of Appeals · 1848
- Suydam v. JonesNew York Supreme Court · 1833
- Townsend v. WeldMassachusetts Supreme Judicial Court · 1811
- Jackson ex dem. Russell v. CroyNew York Supreme Court · 1815
- Champion v. WhiteNew York Supreme Court · 1826
3Cited by11 opinions
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- Broadway Central Property Inc. v. 682 Tenant Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Barwin Realty Co. v. Union Stove WorksAppellate Division of the Supreme Court of the State of New York · 1911
- Richards-Dowdle, Inc. v. StateNew York Court of Claims · 1966
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