Empie v. Empie
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Bill by Benjamin Empie against George H. Empie and others. There was a decree for plaintiff, and defendants appeal. On the 20th day of February, 1882, the plaintiff and his wife, Mary, conveyed to the defendant George H. Empie his farm, in the county of Schoharie, N. Y., worth $6,000, and the personal property thereon.
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Appeal from judgment on report of referee. Bill by Benjamin Empie against George H. Empie and others. There was a decree for plaintiff, and defendants appeal. On the 20th day of February, 1882, the plaintiff and his wife, Mary, conveyed to the defendant George H. Empie his farm, in the county of Schoharie, N. Y., worth $6,000, and the personal property thereon. Such conveyance was made subject to a certain bond on the same day executed by the grantee to the grantors for the sum of $2,000, which was the only consideration of said deed, and which, among other things, provided that said' George…
1Opinion of the CourtPutnam, J.
When this action was commenced, in May, 1897, George H. Empie, being insolvent, had given notice to the plaintiff that he could not further carry out the obligations contained in the bond that he executed in 1882, which provided for the support and maintenance of his father. In pursuance of that notice the plaintiff had removed from the farm he had conveyed to his son, to the premises of Edmund De Wire, and made an arrangement with the latter for his support and maintenance. Hence there was a breach of the conditions of the bond by the obligor. The doctrine applicable to such a case is well…
2Cases cited10 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Howard v. . DalyNew York Court of Appeals · 1875
- Schell v. . PlumbNew York Court of Appeals · 1874
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Windmuller v. PopeNew York Court of Appeals · 1887
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3Cited by1 opinion
- Banta v. BantaAppellate Division of the Supreme Court of the State of New York · 1903