Coe v. . Cassidy
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. Plaintiff’s sale of the property at private sale to defendant, after having reduced it to possession, cannot be turned into an election to sell and authorize him to charge expenses of taking care of it in the meantime.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. Plaintiff’s sale of the property at private sale to defendant, after having reduced it to possession, cannot be turned into an election to sell and authorize him to charge expenses of taking care of it in the meantime. (Pulver v. Richardson, 3 T. & C., 436.) Plaintiff, by giving up his equitable right to hold the mortgaged property as…
1Opinion of the CourtEarl, J.
This is an action against the defendant, as surviving surety upon a lease, to recover the amount of rent due by the terms of the lease for the year 1870. The lessees were Schneider and Harris, the term four years from October 1, 1867, and the rent $10,000 per year, payable monthly. The defendant with one Hopke, since deceased, guaranteed the payment of the rent. The plaintiff recovered a judgment which the defendant seeks to reverse upon several grounds, which, so far as I deem it material, I will consider separately.
1. The lease provided that the lessees should, in addition to the real…
2Cases cited6 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Charter v. StevensNew York Supreme Court · 1846
- Ducker v. . RappNew York Court of Appeals · 1876
- Kingsbury v. WilliamsNew York Supreme Court · 1868
- Ellis v. McCormickNew York Court of Common Pleas · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Becker v. FaberNew York Court of Appeals · 1939
- Casserly v. . WitherbeeNew York Court of Appeals · 1890
- Smith v. HuntSupreme Court of Rhode Island · 1911
- Cohn v. SpitzerAppellate Division of the Supreme Court of the State of New York · 1911
- Duffy v. Buena Vista Ice Co.Court of Appeals of Maryland · 1914
12 more not listed; retrieve them via the Exa API.