Steiner v. . Fourth Presbyterian Church
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff upon his own showing made out no cause of action for money had and received to plaintiff’s use. (Carpenter v. Stillwell, 3 Abb.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff upon his own showing made out no cause of action for money had and received to plaintiff’s use. (Carpenter v. Stillwell, 3 Abb. Pr. 459; Dumois v. Hill, 2 App. Div. 525, affg. Dumois v. Hill, 11 Misc. Rep. 242; Dieckerhoff v. Alder, 12 Misc. Rep. 445; Fox v.…
1Opinion of the CourtHaight, J.
The appellant, a religious corporation, instituted proceedings in the Supreme Court for leave to sell its real estate on Thirty-fourth street in the city of Flew York, and in such proceedings, with the approval of the court, it entered into a contract with the plaintiff to sell and convey to him such real estate in consideration of the sum of one hundred and ninety thousand dollars ($190,000), the deed to be delivered and the purchase price paid on the first day of March, 1894. When the time for completing the purchase arrived it was found that restrictive covenants were connected with the…
2Cases cited1 opinion
- Fourth Presbyterian Church v. SteinerNew York Supreme Court · 1894
3Cited by1 opinion
- Heim v. SchwoererNew York Supreme Court · 1906