Owen v. Sell
New York Court of Common Pleas
Appeal from Seventh district court. Action by William W. Owen against Edgar E. Sell. From a judgment in favor of plaintiff rendered by the justice without a jury, defendant appeals.
1Opinion of the CourtBischoff, J.
The claim in suit is for moneys alleged to have been expended at defendant’s instance, and arose out of a certain transaction involving the exchange of real estate between the parties. By the terms of the contract for this exchange, title was to close on August 15, 1892, and all charges for interest upon incumbrances up to that date were to be defrayed by the respective owners of the property incumbered. Interest for six months upon a mortgage for $40,000, covering plaintiff’s property, was to fall due September 1st; but the mortgagee refused to accept payment from plaintiff, upon account, to…
2Cases cited10 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Smith v. . HallNew York Court of Appeals · 1876
- Kenan v. HollowaySupreme Court of Alabama · 1849
- Abell v. DouglassNew York Supreme Court · 1847
- Whitman v. . FoleyNew York Court of Appeals · 1891
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3Cited by1 opinion
- Van Praag & Co. v. WeinbergerAppellate Terms of the Supreme Court of New York · 1909