Gifford v. Father Matthew Total Abstinence Benefit Society
New York Court of Appeals
Appeal by defendant, William P. O’Connor, executor of John McEvoy, deceased, from a. judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 15, 1885, which affirmed, so far as appealed from, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal by defendant, William P. O’Connor, executor of John McEvoy, deceased, from a. judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 15, 1885, which affirmed, so far as appealed from, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 38 Hun, 350.) This action was brought to foreclose a mortgage executed by defendant, The Father Matthew Total Abstinence Benefit Society. The appellant was sought to be charged with any deficiency arising on sale because of a…
1Opinion of the CourtFinch, J.
The question presented on this appeal is not an open one. Granting for the sake of the argument, what is by no means certain, that the title conveyed to McEvoy by the corporate deed was imperfect and invalid, it does not follow that while as grantee he remains in the undisturbed possession and enjoyment of the premises he can retain that possession and at the same time withhold the purchase-price and so keep the fruit of his contract while repudiating its obligation. By the terms of the deed which he accepted the mortgage debt was in substance the purchase-money which he agreed to pay…
2Cases cited5 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Crowe v. . LewinNew York Court of Appeals · 1884
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1871
3Cited by7 opinions
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Cushing v. CummingsSupreme Court of Oklahoma · 1919
- Stuyvesant v. Western Mortgage Co.Supreme Court of Colorado · 1895
- Peabody v. . KentNew York Court of Appeals · 1914
- Wright v. PhippsU.S. Circuit Court for the District of Eastern New York · 1898
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