Zeiser v. . Cohn
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 18, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 18, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. If any action can be maintained by respondent on Theresa Cohn’s agreement with Jacob to pay the latter’s debt to him, it is an action at law directly upon the promise and not in equity because of the consideration for the promise. (F. N. Bank v. Chalmers, 144 N. Y. 432; Clark v.…
1Opinion of the CourtWerner, J.
This is a suit in equity to establish and enforce a vendor’s lien upon land sold by Jacob Cohn to his mother, Theresa Cohn, under an agreement by which the grantee promised to pay the claims of certain creditors of the grantor, and among them the claim of the plaintiff. The land against which the plaintiff’s lien has thus far been upheld by the courts has been sold under mortgage foreclosure, but, by stipulation, the surplus which arose upon the sale is held in its place. The complaint, in its original form, proceeded upon dual and inconsistent theories of relief, which gave rise to many…
2Cases cited31 opinions
- Harris v. FlyNew York Court of Chancery · 1839
- Ahrens v. . JonesNew York Court of Appeals · 1902
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
- Bradley v. BosleyNew York Court of Chancery · 1845
- Pardee v. . TreatNew York Court of Appeals · 1880
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3Cited by19 opinions
- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
- State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944
- Flickinger v. . GlassNew York Court of Appeals · 1918
- Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965
- Segall v. LoebSupreme Court of Alabama · 1928
14 more not listed; retrieve them via the Exa API.