Hand v. . Kennedy
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, entered upon an order made November 3, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 13 J. & S. 385.) This action was brought by- plaintiff to recover a deficiency arising on foreclosure of a mortgage executed to him by defendant "Williamson.
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Appeal from order of the General Term of the Superior Court of the city of New York, entered upon an order made November 3, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 13 J. & S. 385.) This action was brought by- plaintiff to recover a deficiency arising on foreclosure of a mortgage executed to him by defendant "Williamson. The complaint set forth and the answer admitted a contract between the parties by which plaintiff agreed to sell,and defendants to purchase certain premises, and a contract between the…
1Opinion of the CourtEarl, J.
This action can be maintained upon the cause of action given to the plaintiff by the deed executed by "Williamson to Kennedy and Hutchinson, the appellants, and the prior contracts between the parties need not be resorted to for that purpose. That deed recites that the parties thereto had become jointly interested in the purchase of certain lands from the plaintiff and from others; that for the convenience of the parties the title to the lands so purchased had been taken in the name of Williamson, to be held for the use and benefit of all the purchasers, in the proportions named; that the…
2Cases cited2 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Sharpe v. . FreemanNew York Court of Appeals · 1871
3Cited by8 opinions
- Willard v. WoodSupreme Court of the United States · 1890
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- Benjamin v. BirminghamSupreme Court of Arkansas · 1887
- Ross v. . McCaldinNew York Court of Appeals · 1909
- Skinner v. AllisonAppellate Division of the Supreme Court of the State of New York · 1908
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