Feltenstein v. Ernst
Appellate Terms of the Supreme Court of New York
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
- Blanck v. . SadlierNew York Court of Appeals · 1897
- Schiff v. TamorAppellate Division of the Supreme Court of the State of New York · 1905