King v. Union Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martha King, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of May, 1911, upon the decision of the court, rendered after a trial at the New York Trial Term, dismissing the complaint upon the merits, a jury having been waived.
1Opinion of the Court
SCOTT, J.:
Appeal from a judgment entered upon a decision of the court without a jury, dismissing the complaint upon the merits. The action is hy a widow against the executor of her husband’s estate for damages for the breach of a covenant against incumbrances contained in a deed of real estate executed by the husband in his lifetime to his wife.
On December 30, 1902, William F. King executed and delivered to his wife a deed, with full covenants, in the statutory short form, of a house and lot in the city of New York for the expressed consideration of love and affection and two dollars. The…
2Cases cited5 opinions
- Delavergne v. NorrisNew York Supreme Court · 1811
- Dimmick v. LockwoodNew York Supreme Court · 1833
- McGuckin v. . MilbankNew York Court of Appeals · 1897
- Medical College Laboratory v. New York UniversityNew York Court of Appeals · 1904
- Utica v. GatesAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Soderberg v. HoltUtah Supreme Court · 1935
- Reade v. SullivanAppellate Division of the Supreme Court of the State of New York · 1940