Listman v. Hickey
New York Supreme Court
Appeal from circuit court, New York county. Action by Cunigunda Listman against John Hickey to recover the amount paid on an agreement to convey real and personal property, and counsel fees- and disbursements expended by plaintiff in examining title thereto. From a judgment entered on a verdict directed for plaintiff, and from an order denying his motion for a new trial, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover the amount which had been paid on an agreement to convey certain premises in the city of New York, and the counsel fees and disbursements incurred by the plaintiff in the examination of the title of the premises. Upon the trial it appeared that on the 5th of December, 1889, the plaintiff and defendant entered into an agreement in writing whereby the defendant agreed to sell to the plaintiff the premises in question, together with certain personal property therein. One thou*881sand dollars was to be paid upon the execution of the contract, and the balance to be…
2Cases cited2 opinions
- Smyth v. . SturgesNew York Court of Appeals · 1888
- Goldman v. . RosenbergNew York Court of Appeals · 1889
3Cited by4 opinions
- Polisiuk v. MayersAppellate Division of the Supreme Court of the State of New York · 1923
- World Exhibit Corp. v. City Bank Farmers Trust Co.New York Supreme Court · 1945
- Cammarata v. MerkewitzNew York Supreme Court · 1923
- Szatkus v. SchaubNew York Supreme Court · 1931