Aldrich v. . Bailey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in ■ the first judicial department, entered upon an order made the first Monday of October, 1889, on a case submitted pursuant to section 1279 of the Code of Civil Procedure, which relieved the defendant from performing a contract to purchase certain real estate. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in ■ the first judicial department, entered upon an order made the first Monday of October, 1889, on a case submitted pursuant to section 1279 of the Code of Civil Procedure, which relieved the defendant from performing a contract to purchase certain real estate. The facts, so far as material, are stated in the opinion. The Supreme Court erred in supposing that the conveyance to Noble was thereby rendered a nullity as against Mrs. Aldrich. She having purchased the land in question in good faith and without notice of any claim on…
1Opinion of the CourtHaight, J.
On June 11, 1889, the plaintiff entered into & contract with the defendant for a sale of a lot on 63d street., running through to 64th street, on Eleventh avenue, in the city of Hew York. The defendant now refuses to accept a deed! from the plaintiff and to pay therefor for the reason that on June 3, 1889, a notice of lis pendens was filed in the office of the clerk of the city and county of Hew York in an action in the Supreme Court wherein William Paine is plaintiff and! William Hoble et al. are defendants, the object of which, as stated in the notice, is to have certain deeds, conveyances…
2Cases cited2 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Valentine v. . LuntNew York Court of Appeals · 1889
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- Sears v. First Pioneer Farm CreditAppellate Division of the Supreme Court of the State of New York · 2007
- Simon v. . VanderveerNew York Court of Appeals · 1898
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
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