Stanton v. . Miller
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court granting a new trial to plaintiffs upon motion, under section 268 of the Code. (Reported below, 1 Iff. Y. S. C. [T. & C.], 23.) This action was brought to compel the delivery by defendant Benedict of a deed of certain premises situate in Rochester, alleged to have been placed in his hands in escrow, and to compel defendant Miller to surrender up possession of the premises.
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Appeal from order of the General Term of the Supreme Court granting a new trial to plaintiffs upon motion, under section 268 of the Code. (Reported below, 1 Iff. Y. S. C. [T. & C.], 23.) This action was brought to compel the delivery by defendant Benedict of a deed of certain premises situate in Rochester, alleged to have been placed in his hands in escrow, and to compel defendant Miller to surrender up possession of the premises. On the 23d of June, 1870, Mrs. Mary Miller, a widow lady residing in the city of Rochester entered into a contract with Oliver Stanton, who resided in Cobourg,…
1Opinion of the CourtAndrews, J.
There is an insuperable difficulty in the way of maintaining this action, regarding it as an action-for the specific performance of Mrs. Miller’s agreement of June 25, 1870, to convey or devise the house and lot in question, growing out of the want of certainty in respect to the persons to whom the conveyance or devise was to be made.
In consideration that Mr. Stanton would remove with .his' family to Rochester, and take care of and support Mrs. Miller during her life, she promised to assure to him and his family the house and lot (after her death), and to secure the title by placing a deed in…
2Cases cited2 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
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- Farago v. BurkeNew York Court of Appeals · 1933
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Mizuna, Ltd. v. Crossland Federal Savings Bank, AKA Crossland Savings Fsb, Royal Realty Co., a PartnershipCourt of Appeals for the Second Circuit · 1996
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