McLaughlin v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 31, 1890, 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.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 31, 1890, 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 total amoimt of the assessment charged against the lots was fixed, ascertained and determined, and inserted in the rolls for the year 1870, and so became a charge upon the lands under the covenants in the deed delivered in 1872. (Depeyster v. Murphy, 66 N.…
1Opinion of the CourtBradley, J.
In July, 1872, the defendant by deed, conveying to the plaintiffs’ testator four lots fronting on Fourth avenue in the city of Brooklyn, covenanted that they were free from all “ charges, estates, judgments, taxes, assessments and encumbrances,” except a mortgage therein mentioned. This action was founded upon the alleged breach that at the time of the delivery of the deed, the premises were incumbered by an assessment before then made upon them for a portion of the expense of widening and improving that avenue; and that to relieve the property from such charge the plaintiff was required to…
2Cases cited3 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Stuart v. . PalmerNew York Court of Appeals · 1878
- In the Matter of Van AntwerpNew York Court of Appeals · 1874
3Cited by13 opinions
- People Ex Rel. Bridgeport Savings Bank v. FeitnerNew York Court of Appeals · 1908
- Sudberry v. GravesSupreme Court of Arkansas · 1907
- Nehasane Park Assn. v. . LloydNew York Court of Appeals · 1901
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Bassett v. M. C.C. of Ocean CityCourt of Appeals of Maryland · 1912
8 more not listed; retrieve them via the Exa API.