Legal Opinion

Roslyn Heights Land & Improvement Co. v. Burrowes

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 6 opinions

Appeal by the defendant, Robert Burrowes, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk of the county of Queens on the 24th day of December, 1895, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an order entered in said cleric’s office on the 18th day of September, 1893, referring the ■action.

1Opinion of the Court

Bradley, J.:

The action ivas brought to foreclose a purchase-money mortgage made by the defendant to secure the payment of his bond. By his ■answer he alleged that he rendered services and expended moneys *541at the request of the plaintiff, and upon its promise, to satisfy and. discharge the bond and mortgage, and he asked for specific performance of such promise. The defendant further alleged, by way of counterclaim, the indebtedness of the plaintiff to him in a sum specified for services performed and moneys expended by him for and at the request of the plaintiff, which sum he asked to have…

2Cases cited2 opinions

  1. McCall v. MoschowitzNew York Court of Common Pleas · 1886
  2. Roslyn Heights Land & Improvement Co. v. BurrowesNew York Supreme Court · 1894

3Cited by6 opinions

  1. Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
  2. Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
  3. Bolles v. . ScheerNew York Court of Appeals · 1919
  4. Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
  5. Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903

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