Thomas v. . Bartow
New York Court of Appeals
Appeals from orders of the General Term of the Supreme Court, in the seventh judicial district, reversing judgments in favor of plaintiffs entered upon reports of a referee. The actions were brought to foreclose certain bonds and mortgages executed by defendants to Jonathan Wadhams, and by him assigned to the respective plaintiffs above named.
Read the full summary
Appeals from orders of the General Term of the Supreme Court, in the seventh judicial district, reversing judgments in favor of plaintiffs entered upon reports of a referee. The actions were brought to foreclose certain bonds and mortgages executed by defendants to Jonathan Wadhams, and by him assigned to the respective plaintiffs above named. On the 4th day of January, 1854, defendant Bartow entered into a contract with Edwin Wadhams, by which he agreed to purchase of Wadhams, and the latter agreed “ to cause to be conveyed to him,” several parcels oí land, known as lot ISTo. ■14, in section…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The Supreme Court as well as the referee seem to have overlooked the fact that when, on the 4th day of March, 1854, the contract was made by which Wadhams agreed to cause the several lots embraced in it to be conveyed to Bartow, that Bartow knew that only one of the five lots was owned by Wadhams, and that the only title he had to lot No. 7 rested in a contract with McPhierson, upon which there was unpaid $2,675, which, when paid, entitled Wadhams, or such…
2Cases cited1 opinion
- Martin v. . McCormickNew York Court of Appeals · 1854
3Cited by10 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1894
- Foreman v. BigelowU.S. Circuit Court for the District of Massachusetts · 1878
- Childs v. StoddardMassachusetts Supreme Judicial Court · 1881
- Hudson v. WaughSupreme Court of Virginia · 1896
5 more not listed; retrieve them via the Exa API.