Lahey v. . Kortright
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 8, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and also affirmed an order granting defendants an extra allowance.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 8, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and also affirmed an order granting defendants an extra allowance. The purpose of the action was to relieve the plaintiff from a contract for the purchase of certain premises in the city of New York, designated as lots Nos. 430, 432, 434, on West 34th street, and to recover ten per cent of the purchase-money paid, also certain charges for auctioneer’s and…
1Opinion of the CourtBradley, J.
The subject of controversy has relation to the ¡lower of the defendants Kortriglit as trustees to sell and convey the premises in question. If they possessed adequate power in that respect the plaintiff was properly required by the judgment to complete the purchase, otherwise he was entitled to the relief sought by the action. The disposition of the question is dependent somewhat and mainly upon the pro-, visions of the will of Nicholas G. Kortriglit, which was admitted to probate in April, 1874. By it, after directing payment of his debts and funeral expenses and satisfaction of his bequest…
2Cases cited9 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Mott v. . AckermanNew York Court of Appeals · 1883
- Mead v. . MitchellNew York Court of Appeals · 1858
- Sweeney v. . WarrenNew York Court of Appeals · 1891
- Leggett v. . HunterNew York Court of Appeals · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hollenbach v. . BornNew York Court of Appeals · 1924
- In re WhiteNew York Surrogate's Court · 1929
- Smith v. FloydAppellate Division of the Supreme Court of the State of New York · 1908
- Striker v. . DalyNew York Court of Appeals · 1918
- Heiferman v. ScholderAppellate Division of the Supreme Court of the State of New York · 1909
11 more not listed; retrieve them via the Exa API.