Morris v. Hay
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry G. Hay, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of February, 1916, granting the plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Smith, J. :
Defendant’s demurrer has challenged the sufficiency of the complaint. In November, 1905, the defendant and his wife conveyed to one Denver Greenamyer certain real estate in the State of Colorado. In the deed the title to the said premises was warranted. Thereafter, and in 1901, the said Greenamyer conveyed the said premises, with covenant of warranty, to Edward F. Denny and D. M. Utter. The complaint then proceeds: “ That the defendant and the said Mary A. Hay have not warranted and defended the whole of said premises to the said Denver Greenamyer and his assigns, but on the…
2Cases cited6 opinions
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Crisfield v. StorrCourt of Appeals of Maryland · 1872
- Folliard v. WallaceNew York Supreme Court · 1807
- Webb v. AlexanderNew York Supreme Court · 1831
- Keyes & Marshall Bros. Realty Co. v. Trustees of Canton Christian CollegeNew York Court of Appeals · 1912
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3Cited by2 opinions
- Broaddus v. Vanadium Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1963
- Llaveria v. PisaniAppellate Division of the Supreme Court of the State of New York · 1941