Hymes v. Van Cleef
New York Supreme Court
Appeal from' circuit court, Tompkins county. Action by Jehiel Hymes against Mynderse Van Cleef, as administrator with the will annexed of Joseph Esty, deceased. From a judgment for plaintiff for $812.30 damages, and $1,141.20 costs, entered March -31, 1890, defendant appeals.
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Appeal from' circuit court, Tompkins county. Action by Jehiel Hymes against Mynderse Van Cleef, as administrator with the will annexed of Joseph Esty, deceased. From a judgment for plaintiff for $812.30 damages, and $1,141.20 costs, entered March -31, 1890, defendant appeals. The notice of appeal contained the following statement: “And the appellant intends to bring up for review upon such appeal the order dated the 24th day of January, 1891, denying the defendant’s motion for a new trial.” The respondent noticed a motion for the term at which this case was argued, to have that portion of the…
1Opinion of the CourtMartin, J.
This action was to recover damages for the breach of a covenant of warranty contained in a deed of certain premises situate in the city of Ithaca, H. Y., given by the appellant’s testator to the respondent’s grantor, April 30,1869. The covenant was for quiet enjoyment. In an action which was subsequently commenced against the plaintiff by the then village of Ithaca, it was held that a portion of the land claimed by the respondent under such deed was in and constituted a part of one of the public streets or highways of that village, and the respondent was perpetually restrained from…
2Cases cited5 opinions
- Abeel v. . Van GelderNew York Court of Appeals · 1867
- Chadwick v. . FonnerNew York Court of Appeals · 1877
- Pitts v. . WilderNew York Court of Appeals · 1848
- Spaulding v. . HallenbeckNew York Court of Appeals · 1866
- Brumfield v. HillNew York Supreme Court · 1889
3Cited by3 opinions
- Pfeffer v. Buffalo Railway Co.The Superior Court of the City of New York and Buffalo · 1893
- Fox v. MatthiessenNew York Supreme Court · 1895
- Taylor v. SmithAppellate Division of the Supreme Court of the State of New York · 1897