Cythe v. La Fontain
New York Supreme Court
APPEAL from a judgment rendered upon the decision xjl of the court at circuit, upon a trial by the court without a jury. The action was ejectment to recover the possession of certain premises in possession of the defendant under' a contract of purchase, upon the allegation that La Fon'tain, the purchaser, had made default in the second payment as provided for in the contract.
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APPEAL from a judgment rendered upon the decision xjl of the court at circuit, upon a trial by the court without a jury. The action was ejectment to recover the possession of certain premises in possession of the defendant under' a contract of purchase, upon the allegation that La Fon'tain, the purchaser, had made default in the second payment as provided for in the contract. The defense was that the time of payment had been extended by parol contract, and that before the commencement of this suit the defendant La Fontain tendered the amount of the payment and the interest that had become due…
1Opinion of the Court
By the Court, Morgan, J.
The case contains only a general objection to the legal conclusion of the judge upon the trial, and if this was strictly a legal action, and did not depend for its decision upon equitable considerations, it is doubtful if we have any authority to review the case.
Under the Code of Procedure, the defendant may, however, interpose on equitable as well as a legal defense; and when it is inequitable to enforce a penalty or forfeiture, the court may doubtless consider the case in the same view as though the defendant had commenced a cross action, or applied for an injunction…
2Cases cited8 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Gould v. Banks & GouldNew York Supreme Court · 1832
- Edgerton v. PeckhamNew York Court of Chancery · 1844
- Wright v. MooreNew York Supreme Court · 1839
- Friess v. . RiderNew York Court of Appeals · 1862
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3Cited by10 opinions
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Young v. GlascockSupreme Court of Missouri · 1883
- Stewart v. CarterNebraska Supreme Court · 1876
- Barnett v. SussmanAppellate Division of the Supreme Court of the State of New York · 1907
- French v. RowNew York Supreme Court · 1894
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