Home/Appellate Division of the Supreme Court of New York/Heim v. Schwoerer

Heim v. Schwoerer

115 A.D. 295
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 5, 1906
StatusPublished

This text of 115 A.D. 295 (Heim v. Schwoerer) 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
Heim v. Schwoerer, 115 A.D. 295 (N.Y. Ct. App. 1906).

Opinions

Houghton, J.:

The order should be affirmed on the authority of Dieterlin v. Miller (114 App. Div. 40); in which, on submission of controversy, plaintiff was relieved from his agreement to purchase premises sub-pet to a covenant less broad than that with -which the premises in ■<j lestion are incumbered. The fair interpretation of the terms of sale,'aside from the fact that it was a judicial sale, is that there were no other incumbrances' upon the premises than those specifically mentioned.

O’Brien, P. J., Ingraham and Clarke, JJ., concurred; Scott, J., dissented.

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Related

Wetmore v. . Bruce
23 N.E. 803 (New York Court of Appeals, 1890)
Riggs v. . Pursell
66 N.Y. 193 (New York Court of Appeals, 1876)
Riggs v. . Pursell
74 N.Y. 370 (New York Court of Appeals, 1878)
Merges v. Ringler
34 A.D. 415 (Appellate Division of the Supreme Court of New York, 1898)
Dieterlen v. Miller
114 A.D. 40 (Appellate Division of the Supreme Court of New York, 1906)

Cite This Page — Counsel Stack

Bluebook (online)
115 A.D. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heim-v-schwoerer-nyappdiv-1906.