Kerrigan v. Backus
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Consolidated actions by George E. Kerrigan against Phebe S. Backus and others, and by the same plaintiff against John S. Vanderveer and another. From two several judgments in favor of plaintiff, defendants appeal.
1Opinion of the CourtJenks, J.
These are two actions to recover partial payments made upon contracts for the sale of land and the expenses upon the title. The plaintiff complains by his amended pleadings that the defendants failed to convey, in accord with the terms of the contract, the realty in fee simple, free from all incumbrances, for the reason that the property then was and still is charged with the maintenance and subject to all of the rights and easements of the public and of various and numerous grantees in six certain streets running through the same, which in 1852 and in 1888 were dedicated to be used as…
2Cases cited39 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
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3Cited by2 opinions
- Krzewinski v. Eaton Homes, Inc.Ohio Court of Appeals · 1958
- Castrucci v. YoungClermont County Court of Common Pleas · 1986