Empie v. Empie
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Reuben L. Empie and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schoharie on the 22d day of April, 1898, upon the report of a referee. On the 20th day of February, 1882, the plaintiff and his wife Mary conveyed to the defendant George H. Empie his farm in the county of Schoharie, N. Y., worth $6,000, and the personal property thereon.
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Appeal by the defendants, Reuben L. Empie and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schoharie on the 22d day of April, 1898, upon the report of a referee. On the 20th day of February, 1882, the plaintiff and his wife Mary conveyed to the defendant George H. Empie his farm in the county of Schoharie, N. Y., worth $6,000, and the personal property thereon. Such conveyance was made subject to a certain bond on the same day executed by the grantee to the grantors for the sum of $2,000, which was the only…
1Opinion of the Court
Putnam, J.:
When this action was commenced in May, 1897, George H. Empie, being insolvent, had given notice to the plaintiff that he could not further carry out the obligations contained in the bond that he executed in 1882, which provided for the support and maintenance of his father. In pursuance of that notice the plaintiff had removed from the farm he had conveyed to his son, to the premises of Edmund De Wire, and made an arrangement with the latter for his support and maintenance. Hence there was a breach of the conditions of the bond by the obligor. The doctrine applicable to such a case…
2Cases cited8 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Schell v. . PlumbNew York Court of Appeals · 1874
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Windmuller v. PopeNew York Court of Appeals · 1887
- Crist v. ArmourNew York Supreme Court · 1861
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3Cited by4 opinions
- Kelly v. KellyNew York Supreme Court · 1921
- Banta v. BantaAppellate Division of the Supreme Court of the State of New York · 1903
- Stuart v. Abbey, New York County Courts1909
- Banta v. BantaAppellate Division of the Supreme Court of the State of New York · 1903