Belmont v. Elias Ponvert
New York Court of Appeals
Appeals by both parties from a judgment of tho General Term of the Superior Court of the cLy of ¡New York, affirming a judgment entered upon a decision of the court at Special" Term.
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Appeals by both parties from a judgment of tho General Term of the Superior Court of the cLy of ¡New York, affirming a judgment entered upon a decision of the court at Special" Term. (Reported below, 3 J. & S., 208.) The complaint in this action alleged, and the court found, in substance, that on or about the 13th day of December, in the year 1849, the plaintiff and the defendant, Elias Ponvert, and on.e Philo S. Shelton, made and executed under their hands and seals, and delivered to plaintiff, an agreement in writing of which the following is a copy: “Whereas August Belmont, on the 13th day…
1Opinion of the CourtRapallo, J.
By this action the plaintiff seeks, among other things, to compel the defendant Ponvert to apply the rents collected by him to the payment of the liens mentioned jn the agreement between the plaintiff and Ponvert and Shelton, dated December 13, 1819. This relief was refused by the court below, on the ground that these rents did not fall within the terms “ future proceeds ” of the real estate mentioned in the agreement, and that those terms covered only the proceeds of a final distribution by sale of the property in question'.
It is to be observed that the agreement is not, in terms, restricted…
2Cited by2 opinions
- Kearney v. Missionary Society of St. Paul the ApostleNew York Supreme Court · 1879
- Ponvert v. BelmontThe Superior Court of New York City · 1877