Wilhelm v. Federgreen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, .Hathan Federgreen, from a judgment of the Supreme Court in favór of the plaintiff, entered in the office of the clerk of the county of Hew York on the 4th day of June, 1895, upon the verdict of a jury rendered after a trial at the Hew York Circuit, and also from an order entered in said clerk’s office on the 28th day of June, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
The plaintiff sues as assignee of one Henry Hoik to recover damages for the failure on the part of the defendant to convey to said Hoik a marketable title to premises in the city of Hew York contracted by the defendant to be sold to said Hoik.
*484lt appeared upon the trial of the action that the premises in question had a building upon them which encroached by some two inches . upon the adjoining lot. The vendee had gone into possession and made certain repairs to the premises; and upon the rejection of the title the plaintiff brought this action to recover the deposit made under…
2Cases cited2 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Baker v. . OakwoodNew York Court of Appeals · 1890
3Cited by11 opinions
- Spero v. ShultzAppellate Division of the Supreme Court of the State of New York · 1897
- Miner v. HiltonAppellate Division of the Supreme Court of the State of New York · 1897
- Snow v. MonkAppellate Division of the Supreme Court of the State of New York · 1903
- Hamershlag v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1899
- Bergman v. KleinAppellate Division of the Supreme Court of the State of New York · 1904
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