Jacobs v. . Morrison
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Flew York, entered upon an order made July 5, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A purchaser need not accept a title where there is a reasonable doubt as to either a matter of fact or a matter of law.
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Appeal from judgment of the General Term of the Superior Court of the city of Flew York, entered upon an order made July 5, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A purchaser need not accept a title where there is a reasonable doubt as to either a matter of fact or a matter of law. (B. P. Comrs. v. Armstrong, 45 N. Y. 234, 248; Jordan v. Poillon, 77 id. 521; Hellreigel v. Manning, 97 id. 56; M. E. C. Home v. Thompson, 108 id. 618;…
1Opinion of the CourtGray, J.
This action was at law, to recover back a deposit made on account of the purchase money for premises in 27ew York city, which had been offered at public auction and were struck down to the plaintiff upon her bid. By the terms of sale the purchaser was to receive a good title in fee simple, under a conveyance “ by usual trustee’s deed,” and all liens and incumbrances were to be allowed out of the purchase money. Plaintiff refused to complete the purchase; objecting to the defendant’s title as coming through the voluntary conveyance of an insolvent debtor, who was, also, either at the time…
2Cases cited1 opinion
- Stearns v. . GageNew York Court of Appeals · 1879
3Cited by8 opinions
- Anderson v. . BloodNew York Court of Appeals · 1897
- Peetsch v. SommersAppellate Division of the Supreme Court of the State of New York · 1898
- Wilson v. . MarionNew York Court of Appeals · 1895
- Zorn v. McFarlandThe Superior Court of the City of New York and Buffalo · 1894
- Anderson v. BloodNew York Supreme Court · 1895
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