Ewing v. . Wightman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1900, affirming a judgment in favor of defendant entered upon the report of a referee. > The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1900, affirming a judgment in favor of defendant entered upon the report of a referee. > The nature of the action and the facts, so far as material, are stated in the opinion. The company, or its receiver, did not forfeit the right to enforce payment of the notes, either by failing to tender deeds at the time the last notes matured, or .by failing to release the lien on the Hembree lots before the notes became due, because the contract was continuing and subsisting. (Laird…
1Opinion of the CourtCullen, J.
This action is brought to recover on a series of promissory notes made-or indorsed by the defendant to the Cardiff Coal and Iron Company under a number of contracts by which said company contracted to sell and convey toWightman certain parcels of land in the State of Tennessee. One of the defenses pleaded hy the respondent 'was that these notes were delivered to represent the deferred payments to be made for said lands, upon the payment of which the lauds were to be conveyed to him, and that the company at the day fixed for the conveyance of the land was unable to give the respondent title…
2Cases cited14 opinions
- Eddy v. . DavisNew York Court of Appeals · 1889
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Beecher v. . ConradtNew York Court of Appeals · 1855
- Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
- Marsh v. . DodgeNew York Court of Appeals · 1876
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3Cited by27 opinions
- In Re the Estate of BrandrethNew York Court of Appeals · 1902
- Kelso Co. v. . EllisNew York Court of Appeals · 1918
- Michigan Home Colony Co. v. TaborCourt of Appeals for the Eighth Circuit · 1905
- Estate of Brown v. HauckMontana Supreme Court · 1923
- Conners v. WinansNew York Supreme Court · 1924
22 more not listed; retrieve them via the Exa API.