Feltenstein v. Ernst
Appellate Terms of the Supreme Court of New York
Appeal hy the defendants from a judgment entered in favor of the plaintiff in the City Court of the city of Hew York, by direction of the Court, after a trial without a jury.
1Opinion of the CourtScott, J.
This is an action to recover the deposit paid by plaintiff’s assignor upon a contract for the purchase from defendants of certain real property in the city of Hew York. The contract was dated Hay 15, 1905, and provided that the property should he conveyed, “ Subject to a first mortgage in the sum of Twenty-six thousand five hundred dollars ($26,500), bearing interest at the rate of five (5#) per cent per annum. Due Dec. 1st 1907.” This mortgage, as appears from the evidence, was an existing mortgage at the time the contract was made, having been executed on August 19, 1904, and recorded in…
2Cases cited2 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Schiff v. TamorAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by11 opinions
- Rabinovitz v. MarcusSupreme Court of Connecticut · 1923
- Feist v. BlockAppellate Division of the Supreme Court of the State of New York · 1906
- Oppenheim v. McGovernAppellate Division of the Supreme Court of the State of New York · 1906
- Schnitzer v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1907
- Levin v. HillAppellate Division of the Supreme Court of the State of New York · 1907
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