Legal Opinion
Upham v. Lowry
New York Supreme Court
Decided January 11, 1985Published
1Opinion of the Court
OPINION OF THE COURT
Howard A. Zeller, J.
A judgment is sought declaring who is entitled to the proceeds, now in escrow, paid under a fire insurance policy. Plaintiffs, the Uphams and the Ettrichs, claim the proceeds; so do defendants, the Lowrys.
On August 31,1972, the Uphams by warranty deed conveyed title to a farm located in the Towns of Lebanon and Georgetown to the Ettrichs and took back a note secured by a mortgage on the farm. A balance is owing on the note.
On May 1, 1982, the Ettrichs entered into a “Land Contract Agreement” with the Lowrys to sell to them the same farm. The Lowrys paid…
2Cases cited10 opinions
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
- Brownell v. Board of Education of Inside Tax District of City of Saratoga SpringsNew York Court of Appeals · 1925
- Fried v. Bower & GardnerNew York Court of Appeals · 1978
- Conners v. WinansNew York Supreme Court · 1924
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