Hymes v. . Estey
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 November 15, 1887, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in the opinion.
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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 November 15, 1887, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in the opinion. The law that the existence of a highway across premises conveyed by deed, containing the usual covenant of quiet enjoyment, is not such a breach of the covenant as to allow the grantee to maintain an action therefor, must be founded upon the presumption that the purchaser had…
1Opinion of the CourtBradley, J.
The action was brought for an alleged breach of covenant of warranty, commonly known as covenant for quiet enjoyment, in a deed made by the defendants’ testator conveying to Byron A. Todd, lot 1, in block 88, in the village of Ithaca, and which the latter by deed, with like covenant, afterwards conveyed to the plaintiff. The alleged breach was the eviction of the plaintiff, by the village of Ithaca, from a portion of the lot which had, before such conveyance to Todd, been appropriated as a part of a public street. The trial court held that no breach resulted from such appropriation and…
2Cases cited7 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Mott v. . PalmerNew York Court of Appeals · 1848
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
- Stokes v. . FooteNew York Court of Appeals · 1902
- Tise v. . Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- Hymes v. . EstyNew York Court of Appeals · 1892
29 more not listed; retrieve them via the Exa API.