Real Estate Corporation v. . Harper
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16, 1902, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. Mary S. Hoe, the original defendant, died after the agreed case had been filed, and by an order duly made her executor J. Henry Harper was substituted and the action continued against him in his representative capacity.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16, 1902, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. Mary S. Hoe, the original defendant, died after the agreed case had been filed, and by an order duly made her executor J. Henry Harper was substituted and the action continued against him in his representative capacity. Further facts appear in the opinion. As between the grantor and grantee in a deed conveying land, an assessment against the grantor for benefit…
1Opinion of the CourtVann, J.
On the 23rd of January, 1900, the defendant’s testatrix, pursuant to a contract dated December 9, 1899, and in consideration of $650,000, conveyed to the plaintiff a tract of land in the borough of The Bronx by a deed containing a covenant that it was then “ free from incumbrances.”
The plaintiff claims that at the time the deed was delivered certain parcels of said land were subject to “ an assessment for benefit” imposed in a proceeding taken to open Whittier street in said borough. The defendant claims that at the date of delivery the assessment had not been fully confirmed and, hence, was…
2Cases cited3 opinions
- Lathers v. . KeoghNew York Court of Appeals · 1888
- De Peyster v. . MurphyNew York Court of Appeals · 1876
- People v. Fitchburg RailroadNew York Court of Appeals · 1892
3Cited by11 opinions
- Metropolitan Life Insurance v. Union Trust Co.New York Court of Appeals · 1940
- Bailey v. LevySupreme Court of Alabama · 1925
- Doonan v. . KillileaNew York Court of Appeals · 1918
- Matter of City of New YorkNew York Court of Appeals · 1905
- Doonan v. KillileaNew York Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.