Slauson v. . Watkins
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 5, 1879, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 5, 1879, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. The defendant Ludington was the owner of a certain house and lot in the city of New York, and prior to April 18,1873, conveyed the premises and furniture therein to the plaintiff E., taking back her bond, dated October 1, 1872, conditioned for the payment of $5,000, with interest within one year, and $17,000 within, five years from its date, with…
1Opinion of the CourtDanforth, J.
The plaintiff’s own proposition, as submitted by her counsel, is really an answer to the appeal. Assuming in the printed points a case most favorable to herself, she says, under these circumstances “ a decree for a specific performance is almost a matter of strict legal right.” It is, therefore, conceded to be so far deficient that something more is needed to majie a cause of action, to which, as of course, the law will, by its own operation, apply a remedy. For this reason the principles of equity are invoked; yet they are to be applied, not as of course, but in the exercise of a sound…
2Cases cited6 opinions
- Marsh v. PikeNew York Court of Chancery · 1844
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Comstock v. . DrohanNew York Court of Appeals · 1877
- Crary v. . SmithNew York Court of Appeals · 1848
- Russell v. . PistorNew York Court of Appeals · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Woodruff v. . GermanskyNew York Court of Appeals · 1922
- Martin v. SplivaloCalifornia Supreme Court · 1886
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Kmetz v. . De RondeNew York Court of Appeals · 1921
- Slauson v. . WatkinsNew York Court of Appeals · 1884
14 more not listed; retrieve them via the Exa API.