Hyperlawhypertext legal database Lahey v. Kortright 58 N.Y. Super. Ct. 576

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Lahey v. Kortright

58 N.Y. Super. Ct. 576 26 Jones & S. 576 Court N.Y. Super. Ct. Decision date 1890-06-27 English

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p. 576
FRANCIS LAHEY, Appellant v. GOUVERNEUR KORTRIGHT, et al., Respondents.

Headnote

Extra allowance subject matter involved—Where in an action to be relieved from purchase of real property the defendant (the vendor) for a counter-claim demands specific performance by the plaintiff, and obtains judgment in his favor upon the counter-claim, the court may grant him an allowance based on the value of the property the title to which the plaintiff is adjudged to accept.
Before Freedman and Trtjax, JJ.
Decided June 27, 1890.
Appeal from judgment entered after trial before the court without a jury, and from an order giving defendants an extra allowance.
James F. Malcolm, attorney, and Samuel Jones of counsel, for appellant.
Platt & Bowers, attorneys, and John M. Bowers of counsel, for respondents.

The Court (Trtjax, J., writing, Freedman, J., concurring) affirmed the judgment, holding that appellant’s points on the appeal from the judgment had been determined against him in Lahey v. Kortright 56 Superior Court R. 527, and affirmed the order, holding as stated in the head note.