Cagger v. . Lansing
New York Court of Appeals
Appeal from a judgment ordered by the General Term of the Supreme Court, in the third Department, upon a verdict ordered for the plaintiff at circuit. This is an action to recover the sum of $1,000, balance of the purchase-money of a sale by the plaintiff’s intestate, Peter dagger, of his interest in a certain farm situate in the county of Rensselaer, occupied by the defendant.
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Appeal from a judgment ordered by the General Term of the Supreme Court, in the third Department, upon a verdict ordered for the plaintiff at circuit. This is an action to recover the sum of $1,000, balance of the purchase-money of a sale by the plaintiff’s intestate, Peter dagger, of his interest in a certain farm situate in the county of Rensselaer, occupied by the defendant. It appeared that previous to 1838, Stephen Van Rensselaer had leased or granted the premises in question to Peter W. Witbeck, reserving certain perpetual rents, and the right of re-entry for non-payment. That he willed…
1Opinion of the CourtGrover, J.
The contract between the plaintiff’s intestate, and the defendant was for the sale, by the former to the latter, of an interest in land, and was by parol, and consequently void by section 8, volume 2 of the ¡Revised Statutes, 135. Payment by the defendant to the intestate of a part of the purchase-money, did not take the contract out of the statute so as to enable the intestate, or his representatives, to maintain an action thereon for the recovery of the balance of the purchase-money agreed to be paid for the land. (Van Alstyne v. Wimple, 5 Cowen, 162; Baldwin v. Palmer, 10 N. Y., 232.)…
2Cases cited4 opinions
- Shephard v. LittleNew York Supreme Court · 1817
- Baldwin v. . PalmerNew York Court of Appeals · 1851
- Hinman v. BoothNew York Supreme Court · 1839
- Jackson ex dem. Gratz v. CatlinNew York Supreme Court · 1807
3Cited by36 opinions
- Dung v. . ParkerNew York Court of Appeals · 1873
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Farago v. BurkeNew York Court of Appeals · 1933
- Edwall v. JessephWashington Supreme Court · 1913
- White v. McKnightSupreme Court of South Carolina · 1928
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