Cohen v. Steckler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Colien, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, rendered on the 13th day of November, 1907, dismissing plaintiff’s complaint.
1Opinion of the Court
Jenks, J.:
This is an appeal from a judgment dismissing the complaint because it does not state a cause of action. The complaint shows these facts. The plaintiff and Steckler agreed to exchange real properties. The plaintiff accordingly delivered the deed of his property to Goodman (the assignee of Steckler), subject to two mortgages. The amount of arrears of the interest on the mortgages and the tax on that property were allowed by the plaintiff to Steckler (and Goodman). Steckler agreed to apply that amount to that purpose, but failed and neglected to do so. The plaintiff, therefore, sued…
2Cases cited2 opinions
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Thomas v. RuhlNew York Supreme Court · 1900
3Cited by1 opinion
- Realty Federation v. New York Operating Co.Appellate Terms of the Supreme Court of New York · 1913