Fogal v. Page
New York Supreme Court
Appeal from circuit court, New York county. Action by Jennie Fogal against J. Seaver Page and others, as executors of Thomas Page, deceased. Defendants appeal from a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial. Code Civil Proc.
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Appeal from circuit court, New York county. Action by Jennie Fogal against J. Seaver Page and others, as executors of Thomas Page, deceased. Defendants appeal from a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial. Code Civil Proc. Ñ. Y. § 829, provides; “Upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through, or under whom such a party or interested person derives his interest or title, by assignment or otherwise, shall not be…
1Opinion of the CourtDaniels, J.
The testator held a mortgage against premises owned by the husband o£ the plaintiff, and upon which they resided, in the county of Westchester. The mortgage was foreclosed, and the premises purchased by the testator at the sale, and to maintain the action it is alleged that he entered into a contract to convey the premises to the plaintiff for the payment of the sum of $2,800. This contract, as the evidence tended to prove it, was not in writing, but, if made at all, was verbal, and made on or about the 9th of January, 1880. It is alleged that the plaintiff had paid upon the contract the sum…
2Cases cited10 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Erwin v. ErwinNew York Supreme Court · 1889
- Shirley v. BennettNew York Supreme Court · 1871
- Chittenden v. MorrisNew York Supreme Court · 1889
- Devinney v. CoreyNew York Supreme Court · 1889
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3Cited by2 opinions
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