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Abbott v. Curran

Court of Appeals of the State of New York
Mar 24, 1885
98 N.Y. 665 (N.Y. 1885)
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Summary

In Abbott v. Curran (98 N.Y. 665) this court, referring to similar grants from the State, approved this ruling of the lower court: "The lands mortgaged were granted by the State, and in such grant it was recited that the grant was made for commercial purposes only, and for the benefit of commerce.

Summary of this case from Matter of City of New York
See 7 Summaries

Opinion

Argued March 5 1885

Decided March 24, 1885

Sidney V. Lowell, appellant, in person.

H.B. Hathaway for respondent.

EARL, J., reads for affirmance.

All concur.

Judgment affirmed.

Summaries of

Abbott v. Curran

Court of Appeals of the State of New York
Mar 24, 1885
98 N.Y. 665 (N.Y. 1885)

In Abbott v. Curran (98 N.Y. 665) this court, referring to similar grants from the State, approved this ruling of the lower court: "The lands mortgaged were granted by the State, and in such grant it was recited that the grant was made for commercial purposes only, and for the benefit of commerce.

Summary of this case from Matter of City of New York

In Abbott v. Curran (98 N.Y. 665, 668), which was a proceeding to compel a purchaser on foreclosure sale to complete his purchase, it was objected to the title that the lands had been originally under water and that the grant from the state was for commercial purposes only and for the benefit of commerce.

Summary of this case from People v. Steeplechase Park Co.

In Abbott v. Curran (98 N.Y. 665) a sale having been made by a referee in violation of this statute before its amendment, this court held that such violation constituted a mere irregularity which did not affect the title of the purchaser nor entitle him to be relieved from his purchase.

Summary of this case from Sproule v. Davies

In Abbott v. Curran (98 N.Y. 665) it was held that the deed which contained the recital, "that the grant was made for commercial purposes only and for the benefit of commerce," was not a conveyance upon condition.

Summary of this case from Southwick v. New York Christian Missionary Society

In Abbott v. Curran (98 N.Y. 665), where lands were granted by the State, and it was recited in the deed that the grant was made for commercial purposes only, and for the benefit of commerce, it was held (p. 668) that "this language in the grant did not impose either a condition precedent or subsequent, or any restriction upon the absolute title. (Craig v. Wells, 11 N.Y. 315; Hill v. Priestly, 52 id. 635; Woodworth v. Payne, 74 id. 196.)"

Summary of this case from Board of Education v. Reilly

In Abbott v. Curran (98 N.Y. 665), upon the consents of all the parties appearing in the action, save one who was an absentee, the court directed a sale in foreclosure to be made by a referee, although the statute of 1876 (Chap.

Summary of this case from Sproule v. Davies

In Abbott v. Curran (98 N.Y. 665, 667-668), it was said: "The plaintiff was properly appointed administrator; but even if there was any irregularity in his appointment, his letters were conclusive evidence of his authority until revoked.

Summary of this case from Walthour v. Public Serv. Interstate Transp
Case details for

Abbott v. Curran

Case Details

Full title:GEORGE B. ABBOTT, Public Administrator, etc., Respondent, v . JOHN S…

Court:Court of Appeals of the State of New York

Date published: Mar 24, 1885

Citations

98 N.Y. 665 (N.Y. 1885)

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