Peet v. Cowenhoven
New York Supreme Court
Motion to set aside a sale of real estate on execution; on two grounds: first, that the plaintiff had released it from the lien of the judgment; second, that the execution stated the amount due on the judgment incorrectly.
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Motion to set aside a sale of real estate on execution; on two grounds: first, that the plaintiff had released it from the lien of the judgment; second, that the execution stated the amount due on the judgment incorrectly. The instrument claimed as a release stated, that in consideration of one dollar, the plaintiff agreed that the receivership obtained at his instance in this suit should not in any manner interfere with the premises conveyed, or to be conveyed, to the defendant by the sheriff of Kings county, in a foreclosure-suit wherein one Van Hest was plaintiff, provided such conveyance…
1Opinion of the CourtLeonard, J.
The written agreement of Nov. 10,1858, cannot be enlarged or altered in its operation, by evidence of other prior oral agreements, in consummation of which the written agreement is alleged to be erroneously or defectively executed.
I do not mean to express any doubt that the written agreement is in exact conformity with the intention of the parties, and was the final result of their previous arrangements, as might be supposed, perhaps, from the strict technical rule above stated.
The bid referred to in the writing passed to the receiver when he was appointed; any interference with it by the…
2Cited by5 opinions
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- Hall v. EmmonsThe Superior Court of New York City · 1870
- Conant v. American Rubber Tire Co.New York Supreme Court · 1902
- Jenkins v. Humboldt LibraryCity of New York Municipal Court · 1900