Wright v. . Holbrook
New York Court of Appeals
Appeal from the Superior Court of the city of Hew York. On the trial, the court ruled that plaintiff was entitled to a judgment upon the pleadings, and thereupon directed a verdict for plaintiff. The complaint is upon a promissory note made by the testator for $8,000, and contains the averments necessary to show a right of action against the defendants.
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Appeal from the Superior Court of the city of Hew York. On the trial, the court ruled that plaintiff was entitled to a judgment upon the pleadings, and thereupon directed a verdict for plaintiff. The complaint is upon a promissory note made by the testator for $8,000, and contains the averments necessary to show a right of action against the defendants. The answer alleges, in substance, that the note was given for the purchase price of certain lands situate in Brookline, in the State of Massachusetts, and sets forth a contract of purchase and sale between the‘said plaintiff and said testator,…
1Opinion of the CourtDavis, J.
The question in this case is, whether the plaintiff was bound to sell the land according 'to the provisions of the contract, and apply the proceeds upon the note, before he could maintain an action upon it. Ho such sale and application have been made. It is insisted that the plaintiff’s rights under the contract were those only of an equitable mortgagee; that the whole equitable and beneficial title of the- lands was in the testator, and has descended to his heirs; and that, by statute, the heirs are bound to discharge such mortgage out of their own property, the effect of - which is to throw…
2Cases cited3 opinions
- Johnson v. CorbettNew York Court of Chancery · 1844
- Livingston v. NewkirkNew York Court of Chancery · 1818
- Lamport v. BeemanNew York Supreme Court · 1861
3Cited by14 opinions
- Wagner v. ThieriotAppellate Division of the Supreme Court of the State of New York · 1922
- Chamberlain v. . DunlopNew York Court of Appeals · 1891
- Sutherland v. HarrisonIllinois Supreme Court · 1877
- In re the Estate of TabbaghNew York Surrogate's Court · 1938
- Jones v. HertSupreme Court of Alabama · 1915
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