Legal Opinion

Stevenson v. . Maxwell

New York Court of Appeals

Decided October 5, 1849PublishedCited by 16 opinions

Appeal from the late court of chancery, where the bill was filed by John B. Stevenson against Maxwell, and the heirs, devisees, and legal representatives of Thomas Stevenson, deceased. The case, so far as necessary to be stated, was as follows : On the 14th of November, 1828, the complainant and Maxwell became the purchasers from one Bradshaw of a lease of a lot of land on Cedar-street, Néw-York, and of adjoining lands.

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Appeal from the late court of chancery, where the bill was filed by John B. Stevenson against Maxwell, and the heirs, devisees, and legal representatives of Thomas Stevenson, deceased. The case, so far as necessary to be stated, was as follows : On the 14th of November, 1828, the complainant and Maxwell became the purchasers from one Bradshaw of a lease of a lot of land on Cedar-street, Néw-York, and of adjoining lands. The lease had been executed by the said Thomas Stevenson to Bradshaw, and contained a covenant to convey the property in fee at a stipulated, price. The title of Mr. Stevenson…

1Opinion of the CourtGardiner, J.

[This part of the opinion is omitted, as embracing nothing of general interest,] In regard to the third exception he proceeded as follows.

As to the third exception. The master had charged interest upon the purchase money agreed to be paid by the defendant for the lot on the north side of Cedar-street, from the 6th day of May, 1830. In this the court below have- decided that he erred. This is the more important question in the case. The agreement for the sale of this parcel was made on the 29th of January, 1830. According to which the complainant “ in consideration of #500 per foot, to be…

2Cited by16 opinions

  1. Arnold v. . GreenNew York Court of Appeals · 1889
  2. Armstrong v. Maryland Coal Co.West Virginia Supreme Court · 1910
  3. Harrington v. BirdsallNebraska Supreme Court · 1893
  4. Lund v. LarsenSupreme Court of Minnesota · 1946
  5. Munford v. PearceSupreme Court of Alabama · 1881

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