Kline v. McDonnell
New York Supreme Court
Appeal from special term, Montgomery county. Action by Ann Kline against Lucy McDonnell and another. From a judgment entered in favor of plaintiff, upon the decision of the court on a trial without a jury, defendants appeal. Modified.
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Appeal from special term, Montgomery county. Action by Ann Kline against Lucy McDonnell and another. From a judgment entered in favor of plaintiff, upon the decision of the court on a trial without a jury, defendants appeal. Modified. The action was to secure satisfaction of a judgment in favor of the plaintiff against the administrator of the estate of John McDonnell, deceased, out of certain premises granted to Lucy McDonnell by John V, Morris, the consideration for which was agreed to be paid by John McDonnell, and was secured by his note, part whereof was paid after his death, in the due…
1Opinion of the CourtLandon, J.
We have no doubt that the giving of the deed by John Y. Morris to Lucy McDonnell, and the giving of the note for the purchase price by John McDonnell to Morris, should be regarded as contemporaneous transactions, although the note bears date one day later than the deed. The deed was doubtless delivered in expectation of receiving the note, and the note was delivered to close the transaction. The point urged by the defendants that the note to secure the consideration was not delivered by John McDonnell at the time of the grant to his wife, but subsequently, does not meritoriously exist upon…
2Cases cited1 opinion
- Garfield v. . HatmakerNew York Court of Appeals · 1857
3Cited by1 opinion
- Flower City Brewing Co. v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1919