Simon v. . Vanderveer
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered February 26, 1895, reversing a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The title proffered by the defendant to the plaintiffs was unmarketable. (Code Civ.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered February 26, 1895, reversing a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The title proffered by the defendant to the plaintiffs was unmarketable. (Code Civ. Pro. §§ 1670, 1671; Jordan v. Poillon, 77 N. Y. 521; Moore v. Williams, 115 N. Y. 586; Fleming v. Burnham, 100 N. Y. 1; Warren v. Banning, 50 N. Y. S. R. 810 ; Wilmurt v. McGrane, 16 App. Div. 412; Vought v.…
1Opinion of the CourtHaight, J.
This action was brought to recover the amount paid upon contracts for the purchase of real property, upon the ground that the title was defective or so incumbered as to make it unmarketable.
On the 5th day of October, 1892, the day agreed upon by the parties for the transfer of the title, the defendant tendered to the plaintiffs deeds of the' land, proper and sufficient in form, but they refused to receive the deeds or to pay the balance of the purchase price in accordance with the terms of the contract, for the reason that a lis pendens and com plaint had been filed in the office of the clerk…
2Cases cited5 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Greenblatt v. . HermannNew York Court of Appeals · 1894
- Aldrich v. . BaileyNew York Court of Appeals · 1892
- Hayes v. . NourseNew York Court of Appeals · 1889
3Cited by27 opinions
- Slattery v. MaykutSupreme Court of Connecticut · 1978
- McNutt v. NellansSupreme Court of Kansas · 1910
- Baker v. McCue-Moyle Development Co.Missouri Court of Appeals · 1985
- Norwegian Evangelical Free Church v. MilhauserNew York Court of Appeals · 1929
- American Motor Club, Inc. v. Neu (In Re American Motor Club, Inc.)United States Bankruptcy Court, E.D. New York · 1990
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