Brush v. Rothschild

Appellate Division of the Supreme Court of New York

Brush v. Rothschild

176 A.D. 881

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1916

StatusPublished

This text of 176 A.D. 881 (Brush v. Rothschild) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brush v. Rothschild, 176 A.D. 881 (N.Y. Ct. App. 1916).

Pincite

Opinion

We think the judgment should be reversed and a new trial granted. The proofs of the defendant indicate that she had no legal seizin at the time she made the covenant in question. Whether she had an equitable title, and whether a title of that character is sufficient to comply with the covenant, has not been discussed by either party to this appeal. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred.

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We think the judgment should be reversed and a new trial granted. The proofs of the defendant indicate that she had no legal seizin at the time she made the covenant in question. Whether she had an equitable title, and whether a title of that character is sufficient to comply with the covenant, has not been discussed by either party to this appeal. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred.

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Bluebook (online)

176 A.D. 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brush-v-rothschild-nyappdiv-1916.