Lathers v. . Keogh
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 March 8, 1886, which reversed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint and which sustained the demurrer.
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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 March 8, 1886, which reversed a judgment in favor of plaintiff, entered upon an order overruling a demurrer to plaintiff’s complaint and which sustained the demurrer. (Reported below, 39 Hun, 576.) This action was brought to recover the amount of a tax upon certain real estate situate in the city of Hew York, purchased by plaintiff of defendant, which plaintiff had been compelled to pay, but which he claimed defendant, under his contract of sale and under the covenants in…
1Opinion of the CourtGray, J.
The contract in this case, by which the defendant undertook to sell and the plaintiff undertook to purchase the property described therein, was dated August 4, 1883, and called for the execution and delivery on the twenty-third day of that month, by the seller, of a “ warranty deed with full covenants, conveying * * * the lands and premises, with the six houses thereupon erected, free and clear of all incumbrances,” except certain described mortgages. The contract further contained this provision, that “the calculations and adjustments of the exact amounts to be paid, as to rents, interest,…
2Cases cited5 opinions
- Ass'n for the Benefit of Colored Orphans v. Mayor of New YorkNew York Court of Appeals · 1887
- Rundell v. . LakeyNew York Court of Appeals · 1869
- Dowdney v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Horton v. . DavisNew York Court of Appeals · 1863
- De Peyster v. . MurphyNew York Court of Appeals · 1876
3Cited by29 opinions
- Buckhout v. . City of New YorkNew York Court of Appeals · 1903
- Burr v. PalmerAppellate Division of the Supreme Court of the State of New York · 1900
- United States v. City of BuffaloCourt of Appeals for the Second Circuit · 1931
- People Ex Rel. Luther v. McDermottNew York Court of Appeals · 1934
- Getman v. NiferopulosNew York Court of Appeals · 1937
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