Legal Opinion · Dissent

Feltenstein v. Ernst

Appellate Terms of the Supreme Court of New York

Decided January 15, 1906Published

Appeal hy the defendants from a judgment entered in favor of the plaintiff in the City Court of the city of Hew York, by direction of the Court, after a trial without a jury.

1Dissent

Blanchard, J. (dissenting.)

The defendants appeal from a judgment in favor of the plaintiff, in an action brought to recover $2,000, paid upon the execution of a contract between the plaintiff’s assignor and the defendants, whereby the defendants agreed to sell to the plaintiff’s assignor certain real property, “ subject to a first mortgage in the sum of twenty-six thousand five' hundred ($26,500) dollars, bear-' ing interest at the rate of five (5$) per cent per annum, due December 1st, 1907.” The plaintiff’s assignor refused to accept title upon the ground that the mortgage contained the…

2Cases cited2 opinions

  1. Blanck v. . SadlierNew York Court of Appeals · 1897
  2. Schiff v. TamorAppellate Division of the Supreme Court of the State of New York · 1905

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