Kerrigan v. Backus
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants, Phebe S. Backus and, others, from a judgment of the Supreme Court in favor of the-plaintiff in the first above-entitled action, entered in the office of the clerk of the county of Kings on the 5th day of July, 1901, upon the decision of the. court rendered after a trial before the court without a jury at the Kings County Trial Term.
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. Appeal by the defendants, Phebe S. Backus and, others, from a judgment of the Supreme Court in favor of the-plaintiff in the first above-entitled action, entered in the office of the clerk of the county of Kings on the 5th day of July, 1901, upon the decision of the. court rendered after a trial before the court without a jury at the Kings County Trial Term. Also, an appeal by the defendants,' John S. Yander veer and another, as executors, etc., of Isaac W. Yander veer, deceased, from a judgment of the Supreme Court in favor of the plaintiff in thé second above-entitled action, entered in…
1Opinion of the Court
Jenks, J.:
These are two actions to recover partial payments made upon com tracts for the sale of land and the expenses upon the examination of the title. The plaintiff complains by his amended pleadings that the defendants failed to convey, in accord with the terms of the contract, the realty in fee simple, free from all incumbrances, for the reason that the property then was and still is charged with the maintenance and subject to all of the rights and easements of the public and. of *331various and numerous grantees in six certain streets running through the same, which in 1852 and in 1888 were…
2Cases cited32 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
27 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wilkinson v. Nassau Shores, Inc.New York Supreme Court · 1949
- Williamson v. SalmonNew York Supreme Court · 1918
- Kelly v. PenfieldNew York Supreme Court · 1910
- Seamans v. Gulf Refining Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Mann v. Groom, New York County Courts1927
5 more not listed; retrieve them via the Exa API.