McGuckin v. . Milbank
New York Court of Appeals
Appeal from an order of tlie General Term of the Supreme 'Court in the first judicial department, entered February C, 1895, which sustained defendants’ exceptions ordered to be heard in tlie first instance at General Term, set aside a verdict in favor of plaintiff directed by the court and granted a new trial. This action was brought to recover damages for an alleged breach of a covenant against incumbrances in a conveyance.
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Appeal from an order of tlie General Term of the Supreme 'Court in the first judicial department, entered February C, 1895, which sustained defendants’ exceptions ordered to be heard in tlie first instance at General Term, set aside a verdict in favor of plaintiff directed by the court and granted a new trial. This action was brought to recover damages for an alleged breach of a covenant against incumbrances in a conveyance. One Davies, prior to March, 1887, was the owner of lots numbers 59, 61, 63, 65, 67 and 69 East One Hundred and Twentieth street, Hew York city. '3 March 9, 1887, he…
1Opinion of the Court
Andrews, Ch. J.
Unless upon the evidence the plaintiff was-in any event entitled to recover at least the sum for which the verdict was directed, the direction was erroneous and the order of the General Term must be affirmed, although a case was or might have been made for the recovery of damages to-some amount for the breach of the covenant against incumbrances contained in the deed of Canldwell. The action was brought upon the theory that the Manchester mortgage had not been cut off by the foreclosure of the mortgage under which Canldwell acquired title, although it was a subsequent lien, and…
2Cases cited1 opinion
- Delavergne v. NorrisNew York Supreme Court · 1811
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- L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1983
- City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.New York Court of Appeals · 1921
- City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921
- Geiszler v. . De GraafNew York Court of Appeals · 1901
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