Rose v. . Hawley
New York Court of Appeals
Appeal from judgment of the General • Term of the Supreme Court in the second judicial department, entered .upon an order made September 11, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, .■are stated in the opinion.
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Appeal from judgment of the General • Term of the Supreme Court in the second judicial department, entered .upon an order made September 11, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, .■are stated in the opinion. The defense set up in the .answer to the effect that plaintiff’s cause of action was barred by a former adjudication was not established. (Marsh v. Masterson, 101 N. Y. 401; Spellman v. Terry, 74 id. 448 ; Shaw v. Broadbent, 129 id.…
1Opinion of the CourtO’Brien, J.
The questions presented by this appeal arise in an action by the plaintiff to recover the possession of real property, based upon allegations of the breach of conditions subsequent in a deed. On the 30th of December, 1848, the plaintiff conveyed to the municipal corporation then known as the town of Yonkers, a parcel of land described as containing eighty-four-liundredths of an acre. All the interest, rights and obligations conferred by this deed have since become vested in the city of Y onlcers, one of the defendants in this action. The deed, after a description of the land intended to be…
2Cases cited7 opinions
- Craig v. . WellsNew York Court of Appeals · 1854
- Plumb v. . TubbsNew York Court of Appeals · 1869
- Marsh v. . MastertonNew York Court of Appeals · 1886
- Roberts v. . BaumgartenNew York Court of Appeals · 1891
- Rose v. . HawleyNew York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Converse v. . SicklesNew York Court of Appeals · 1895
- Moloney v. . NelsonNew York Court of Appeals · 1899
- Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1902
- Howe v. City of LowellMassachusetts Supreme Judicial Court · 1898
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