Cook v. Kraft
New York Supreme Court
APPEAL, by the defendants, from a judgment rendered at a, special term. On the 3d of February, 1863, the defendant Banker recovered a judgment against Martin Kraft, also a defendant, for $442.21, which was, on the same day, docketed in the office of the clerk of the city and county of Kew York. On the 18th of June, 1863, the defendant Reeve also recovered a judgment against said Kraft, for $305.06, which was docketed in the same office.
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APPEAL, by the defendants, from a judgment rendered at a, special term. On the 3d of February, 1863, the defendant Banker recovered a judgment against Martin Kraft, also a defendant, for $442.21, which was, on the same day, docketed in the office of the clerk of the city and county of Kew York. On the 18th of June, 1863, the defendant Reeve also recovered a judgment against said Kraft, for $305.06, which was docketed in the same office. On the 1st of May, 1867, Kraft took a lease of certain premises from J. L. Phelps, for the term of nineteen years, which was recorded the same day. This lease…
1Opinion of the Court
By the Court, INGRAHAM, P. J.
The case of Tallman v. Parley, (1 Barb. 280,) is not a case similar to the present. In that case, the deed of the lots was left in escrow, under an agreement that the purchaser should go on and erect buildings thereon, and when money sufficient had "been expended on the buildings to secure the consideration money for the land, and the amount of money advanced by the seller, the deed was to be delivered and a mortgage executed for the whole. The judgment in the case was recovered prior to delivering the deed, and the *411judgment creditor sought to be preferred over…
2Cases cited4 opinions
- In re HoweNew York Court of Chancery · 1828
- Keirsted v. AveryNew York Court of Chancery · 1832
- Burchard v. PhillipsNew York Court of Chancery · 1844
- Tallman v. FarleyNew York Supreme Court · 1847
3Cited by5 opinions
- Brooks v. WilsonNew York Supreme Court · 1889
- Flagler v. MalloyNew York Supreme Court · 1890
- Lazarus v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1902
- Lamberton v. Van VoorhisNew York Supreme Court · 1878
- Ray v. AdamsNew York Supreme Court · 1875