Evans v. Garlock
New York Supreme Court
Appeal by tbe plaintiff from a judgment, entered upon tbe ■decision of tbe Wayne county Special Term. Tbe action was in the nature of an ejectment to recover tbe possession of a bouse and lot situate in Sodus, in tbe county of Wayne, ■occupied by the defendants. Tbe premises in question are a part of a farm of which the plaintiff became the owner in August, 1874, by purchase at a sale on foreclosure of mortgage made by Benjamin F. Rogers, who bad formerly owned tbe land.
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Appeal by tbe plaintiff from a judgment, entered upon tbe ■decision of tbe Wayne county Special Term. Tbe action was in the nature of an ejectment to recover tbe possession of a bouse and lot situate in Sodus, in tbe county of Wayne, ■occupied by the defendants. Tbe premises in question are a part of a farm of which the plaintiff became the owner in August, 1874, by purchase at a sale on foreclosure of mortgage made by Benjamin F. Rogers, who bad formerly owned tbe land. And, on becoming such owner, tbe plaintiff leased tbe premises to Mary C. Rogers, tbe wife of Benjamin E., for one year, at…
1Opinion of the Court
ÜRADLEY, J.:
In view of the relation to the plaintiff assumed by Rogers, at the time the contract was made with the defendant to sell to her the premises in question, he received for the plaintiff the‘$450 then paid, .and undertook to deliver it to him. That was the situation as between the defendant and Rogers. And on the same day he put the money into a draft and forwarded the draft to the plaintiff who received it. The question arises whether the purpose of the payment of it to the plaintiff as he was advised by Rogers at the time of the delivery to and receipt of it by him governs the…
2Cases cited9 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Dunscomb v. DunscombNew York Court of Chancery · 1815
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