Knope v. . Nunn
New York Court of Appeals
Appea'l from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 20, 1894, which affirmed a judgment of the Monroe County Court in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appea'l from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 20, 1894, which affirmed a judgment of the Monroe County Court in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying defendant’s motion for a nonsuit on the ground that defendant had not collected the money for the sale of the real estate. (Beardsley v. Root, 11 Johns. 464; Cumming v. Hackley, 8 Johns. 206 ;…
1Opinion of the CourtMartin, J.
In 1883 the father of the plaintiff and defendant died seized of certain real estate situated on Jay street in the city of Rochester, R. Y. Upon his death one-third of the premises descended to the plaintiff as his heir at law, one-third descended to the defendant, and the remaining one-third to their brother, Gregory Runn. In 1885 the latter sold and conveyed to the defendant his one-third interest therein, so that on June 5th, 1889, the plaintiff and defendant were owners as tenants in common of the real estate mentioned, the plaintiff owning one-third and the defendant the remaining…
2Cases cited6 opinions
- Allen v. . BrownNew York Court of Appeals · 1870
- Coles v. ColesNew York Supreme Court · 1818
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Beardsley v. RootNew York Supreme Court · 1814
- Chappell v. DannNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cosgriff v. . DeweyNew York Court of Appeals · 1900
- Thomas v. ZahkaNew York Supreme Court · 1917
- Newcombe v. OstranderNew York Supreme Court · 1919
- Ferris v. NelsonAppellate Division of the Supreme Court of the State of New York · 1901
- Ferris v. NelsonAppellate Division of the Supreme Court of the State of New York · 1901