Mygatt v. . Coe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed "a judgment in favor of plaintiffs entered upon the decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed "a judgment in favor of plaintiffs entered upon the decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant never was in possession of the premises in question, and there is consequently no sufficient privity of estate to carry the covenants with the land. (Stanley v. K. U. Bank, 115 1ST. Y. 124; T. K. Bank v. Guenther, 123 TST. Y. 569 ; Frantz v.…
1Opinion of the CourtO’Brien, J.
The persistence of the parties to this litigation and the nature of the questions involved brings it here for the third time for review. The facts and the law involved in the controversy have been so fully spread upon the records of the court on former appeals, first in the Second Division and subsequently here, that they -are all quite familiar and require but a very brief statement. (Mygatt v. Coe, 124 N. Y. 212; S. C., 142 N. Y. 78.) The action was to recover damages for an alleged breach of the covenants of warranty .and quiet enjoyment contained in a deed of certain real estate in…
2Cases cited14 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Clark v. . DevoeNew York Court of Appeals · 1891
- Baird v. BairdNew York Court of Appeals · 1895
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Beddoe's v. WadsworthNew York Supreme Court · 1839
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Marden v. . DorthyNew York Court of Appeals · 1899
- Hart v. BlabeyNew York Court of Appeals · 1942
- Eagle Enterprises, Inc. v. GrossNew York Court of Appeals · 1976
- Geiszler v. . De GraafNew York Court of Appeals · 1901
- Hart v. Socony-Vacuum Oil Co.New York Court of Appeals · 1943
21 more not listed; retrieve them via the Exa API.