Legal Opinion

Hemmer v. Hustace

New York Supreme Court

Decided January 28, 1889PublishedCited by 1 opinion

Appeal from special term, New York county. Action by F A. Hemmer against W. A. Hustace. Defendant appeals.

1Opinion of the CourtBrady, J.

This action was brought by the plaintiff to recover damages for the failure of the defendant to perform a contract of conveyance to the plaintiff of certain real property in the Twenty-Third ward of this city. The plaintiff insists that the defendant cannot give a good title for the reason that he derives his from a purchase under foreclosure proceedings by advertisement and the sale of the premises covered by the mortgage in one parcel, when they were in fact distinct parcels, and should, under the provisions of law, have been sold separately. The premises in question were part of lot No.…

2Cases cited5 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Fleming v. . BurnhamNew York Court of Appeals · 1885
  3. Jordan v. . PoillonNew York Court of Appeals · 1879
  4. Hellreigel v. . ManningNew York Court of Appeals · 1884
  5. Wallace v. FeelyNew York Court of Common Pleas · 1881

3Cited by1 opinion

  1. Becker v. MuehligAppellate Division of the Supreme Court of the State of New York · 1927

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