Palmer v. Cypress Hill Cemetery
New York Court of Appeals
Ceoss-appeals from judgment of tlie G-eneral Term of the 'Supreme Court in the second judicial department, entered upon an order made February 13, 1888, which affirmed a judgment in favor of plaintiff entered on the report of a referee. This action was brought for the specific performance of an /alleged contract by which the defendant agreed to sell to the plaintiff a certain number of lots in its cemetery.
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Ceoss-appeals from judgment of tlie G-eneral Term of the 'Supreme Court in the second judicial department, entered upon an order made February 13, 1888, which affirmed a judgment in favor of plaintiff entered on the report of a referee. This action was brought for the specific performance of an /alleged contract by which the defendant agreed to sell to the plaintiff a certain number of lots in its cemetery. The referee •directed judgment for the conveyance of certain lots by the defendant to the plaintiff, and for the recovery by the latter of $955.93. The defendant appealed from the entire…
1Opinion of the CourtBradley, J.
The defendant was incorporated prior to 1850, pursuant to the provisions of chap. 133 of Laws of 1847, authorizing the incorporation of rural cemetery associations. The plaintiff in the complaint alleged that in June, 1864, he purchased of the defendant four hundred lots in its cemetery at the price of ten thousand dollars; that he afterwards sold fifty of them, for which deeds were given by the defendant on his order; that he fully paid the defendant the purchase-money ; and that the defendant refused to make certificates or deeds for the remaining three hundred and fifty lots. He,…
2Cases cited5 opinions
- Parish v. . WheelerNew York Court of Appeals · 1860
- Butts v. . WoodNew York Court of Appeals · 1867
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
- Burnap v. . National Bank of PotsdamNew York Court of Appeals · 1884
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- Long Acre Electric Light & Power Co. v. Consolidated Telegraph & Electrical Subway Co.New York Court of Appeals · 1907
- Cohen v. Big Stone Gap Iron Co.Supreme Court of Virginia · 1910
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