Charman v. Tatum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, May Charman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 1st day of March, 1900, upon the verdict of a jury for $4,601.53, rendered by direction of the court, the notice of appeal stating that “ on such appeal appellant will ask the court to modify the said judgment so as to adjudge that the plaintiff recover of the defendant $8,666.53, with interest from…
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Appeal by the plaintiff, May Charman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 1st day of March, 1900, upon the verdict of a jury for $4,601.53, rendered by direction of the court, the notice of appeal stating that “ on such appeal appellant will ask the court to modify the said judgment so as to adjudge that the plaintiff recover of the defendant $8,666.53, with interest from February 20, 1900, being the amount for which the Trial Term should have directed judgment upon the evidence and special…
1Opinion of the Court
Woodward, J.:
This.action has been tried three times and on two previous occasions has been reviewed, and the suggestion of plaintiff’s counsel that “ there ought to be an end to this litigation,” appeals strongly to this court. •
*63May Charman, the plaintiff, purchased of Maria E. Hibbler, since deceased, and whose executor is the defendant now before the court, a certain parcel "of land in Larchmont, Westchester county. The land was subject to a stringent covenant, restricting its use in many particulars, but the deed to the plaintiff conveyed the premises free of incumbrances, and this action…
2Cases cited6 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Armstrong v. PercyNew York Supreme Court · 1830
- Mercer v. . VoseNew York Court of Appeals · 1876
- McCollum v. . SewardNew York Court of Appeals · 1875
- Charman v. HibblerAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Cott v. JacklinUtah Supreme Court · 1924
- Howe v. StuartNew York Supreme Court · 1910
- Webster v. RagonaAppellate Division of the Supreme Court of the State of New York · 2008
- Madison County Construction Co. v. StateNew York Court of Claims · 1941
4 more not listed; retrieve them via the Exa API.