Trimboli v. . Kinkel
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1916, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
This is an action by client against attorney.
In 1906 the plaintiffs retained the defendant to search the title to land in Brooklyn which the plaintiffs were about to buy. The defendant reported that the title was good and marketable.- He made up an abstract which he delivered to his clients. This abstract shows that in 1861 title was' in Aaron Clark and Harriet A. Anderson as tenants in common. Mr. Clark left a will by which his real estate passed to devisees in fee. Power to sell the land and divide the proceeds was given to the executor. The executor in 1863 conveyed his testator’s…
2Cases cited26 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Jones v. . MorganNew York Court of Appeals · 1882
- Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- United States Trust Co. v. O'BrienNew York Court of Appeals · 1894
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3Cited by21 opinions
- Dulberg v. MockNew York Court of Appeals · 1956
- Regan v. LanzeNew York Court of Appeals · 1976
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- Widemshek v. FaleWisconsin Supreme Court · 1962
- Saulsbury Oil Co. v. Phillips Petroleum Co.Court of Appeals for the Tenth Circuit · 1944
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