Farley v. Howard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John T. Farley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 11th day of December, 1900, upon the decision of the court rendered after a trial before the court without a jury at the Hew York Trial Term dismissing the complaint upon the merits.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover damages which the plaintiff alleges he sustained because of a breach of a covenant of warranty made by Howard. The facts are undisputed. Before the 1st of March, 1887, Howard and Dumond were the owners in fee as tenants in common of lots Hos. 32 and 34 on West Seventy-second street. On the 1st of March, 1887, Dumond conveyed his undivided one-half in lot 32 to Howard, still continuing to be a tenant in common in lot 34. After that conveyance Howard built a house upon 32. The wall between 32 and 34 was a party wall. By mis: take the porch of the…
2Cases cited1 opinion
- Lampman v. . MilksNew York Court of Appeals · 1860
3Cited by6 opinions
- United States v. John v. O'COnnell and Jopat Realty CorporationCourt of Appeals for the Second Circuit · 1974
- Willow Tex, Inc. v. DimacopoulosNew York Supreme Court · 1983
- Bushart v. WestSupreme Court of Kansas · 1974
- Caulfield v. LobenstineCity of New York Municipal Court · 1924
- Obrock v. Crolly Co.Appellate Division of the Supreme Court of the State of New York · 1924
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