Greenblatt v. . Hermann
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 July 18, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are •stated in the opinion.
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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 July 18, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are •stated in the opinion. The petition did not give the Surrogate’s Court jurisdiction, because it did not set forth, as nearly as the petitioners could upon diligent inquiry ascertain them, the names of all the "heirs of the decedent. (Code Civ. Pro. §§ 2752, subd. 3, 2759.) The…
1Opinion of the Court
Andrews, Ch. J.
This is an action by the vendee of a lot in the city of New York, under a contract of sale, against the vendor, and in the complaint relief is demanded' adjudging specific performance or in the alternative, for the recovery of the amount paid by the plaintiff to the defendant on the purchase, with interest, and for damages and costs. The defendant’s title is derived under a sale by the administrators of Charles W. Nichols, pursuant to a decree of the surrogate of Kings county, made August 10th, 1881, in proceedings initiated in Surrogate’s Court by the administrators for the…
2Cases cited1 opinion
- Fleming v. . BurnhamNew York Court of Appeals · 1885
3Cited by42 opinions
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Brokaw v. . DuffyNew York Court of Appeals · 1901
- Simon v. . VanderveerNew York Court of Appeals · 1898
- French v. PhelpsCalifornia Court of Appeal · 1912
- New York Investors, Inc. v. Manhattan Beach Bathing Parks Corp.Appellate Division of the Supreme Court of the State of New York · 1930
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