Darrow v. Bush
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adelbert E. Harrow, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Cattaraugus on the 18th day of December, 1897, upon the decision of the court, rendered after a trial at the Cattaraugus Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiff, Adelbert E. Harrow, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Cattaraugus on the 18th day of December, 1897, upon the decision of the court, rendered after a trial at the Cattaraugus Special Term, dismissing the complaint upon the merits. On the 1st day of April, 1871, the defendants Dexter P. Rumsey •and Bronson G. Rumsey, together with Myron P. Bush and George Howard, now deceased, entered into a written agreement with one Ellen Dougherty for the sale of fifty-seven acres of land situate in…
1Opinion of the Court
Adams, J.:
Upon the trial of this action the plaintiff’s complaint was dismissed, upon the merits, and the learned counsel for the respondents now insist that there are several distinct grounds upon which the decision of the trial court can be sustained. After giving to this. contention the consideration it is entitled to receive, we have concluded to affirm the judgment appealed from and to rest our decision solely upon the ground of the plaintiff’s laches in resorting, to. the relief sought in this action, without determining the various other questions discussed upon the argument and in the…
2Cases cited7 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Benedict v. LynchNew York Court of Chancery · 1815
- Peters v. . DelaplaineNew York Court of Appeals · 1872
- Hayes v. . NourseNew York Court of Appeals · 1889
- Day v. . HuntNew York Court of Appeals · 1889
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- Roskein v. RoskeinNew Jersey Superior Court Appellate Division · 1953