Alexander v. Vidootzky
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of Hew York, second district, borough of The Bronx,, in favor of the plaintiff after a trial before the court, without a jury.
1Opinion of the CourtScott, J.
I do not consider that defendant’s agreement to pay for the policy of title insurance constituted the amount thus to he paid part of the consideration for the property. Although incorporated in the contract of sale, it was a separate and independent agreement. Although the action is upon the check, the defendant had the right to call in question the consideration upon which the check was given; and, although the agreement to pay $260 as written in the contract was absolute, the defendant should, I think, have been permitted to show that he was led to make a promise thus absolute in form in…
2Cases cited1 opinion
- Milella v. SimpsonAppellate Terms of the Supreme Court of New York · 1905
3Cited by2 opinions
- Geller v. Kings County Mortgage Co.Appellate Terms of the Supreme Court of New York · 1916
- 502 Park Avenue Corp. v. Delmonico Hotel, Inc.New York City Court · 1928