Fairchild v. Scarsdale Estates
Appellate Division of the Supreme Court of the State of New York
Cross-appeals, in the first action, by the plaintiff, Josephine M. Fairchild, and the defendants, White Plains Development Company and another, from parts of a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Westchester on the 24th day of June, 1914, upon the decision of the court after a trial at the Westchester Special Term.
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Cross-appeals, in the first action, by the plaintiff, Josephine M. Fairchild, and the defendants, White Plains Development Company and another, from parts of a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Westchester on the 24th day of June, 1914, upon the decision of the court after a trial at the Westchester Special Term. Appeal, in the second action, by the plaintiff, White Plains Development Company, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county…
1Opinion of the Court
Thomas, J..
The trial court decided correctly that the plaintiff Fairchild purchased an interest in the mortgage limited to the principal sum of $150,000. Payment therefor with interest and no more is sought in the complaint; proof of such an interest and no greater was shown; judgment for such amount.was moved; the formal assignment of that interest and no more was made. It does not concern the plaintiff who owns the remaining interest. The Scarsdale Estates in its resolution authorizing the sale of the land contemplated a shortage of acreage, which the map long in its possession showed to…
2Cases cited6 opinions
- Durnherr v. . RauNew York Court of Appeals · 1892
- Henricus v. . EnglertNew York Court of Appeals · 1893
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Spencer v. . HuntingtonNew York Court of Appeals · 1905
- Salmon v. VallejoCalifornia Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Michael v. StateNew York Court of Claims · 1948
- Fairchild v. Scarsdale EstatesAppellate Division of the Supreme Court of the State of New York · 1915
- Fairchild v. Scarsdale EstatesAppellate Division of the Supreme Court of the State of New York · 1915
- White Plains Development Co. v. ReedAppellate Division of the Supreme Court of the State of New York · 1915