Reports of Cases Heard and Determined in the Supreme Court of the State of New York Volume 98 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...that the grantee in the deed recorded first had any reason to suspect the existence of the other deed. The plaintiffs notified the defendant that they had, after an examination of the search, iadvised Winthrop not to make the loan. Ilelzl, that the title was marketable and should have been accepted; That the plaintiffs, having unreasonably decided against the validity of the title, and having improperly advised Winthrop not to accept it, could not recover any fee for the services which they alleged that they had rendered to thcdcfendant under the agreement. O'BRIEN, J., dissenting on the ground that the defendant was bound to give: some explanation of this matter. APPEAL by the defendant, Villiam G. Wilson, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 6th day of May, 1895, upon the decision of the court rendered after a trial at the New York Circuit before the court withdut a jury. This action was brought to recover a fee for searching the title to premises alleged to be owned by defendant under an agreement evidenced by a memorandum, signed by the defendant, as follows: " 48 WALL STREET, NEW Yoax, Nov. 2625/t, 1894. "Messrs. JAY & CANDLER, Attorney and Counsel for Egerton L. VVinthrop: " DEAR Sm.---Your client being willing to loan me $20,000-for 5 years at 5 per cent per annum on my bond, secured by a first mortgage on the premises known as No. 314 West Eighty-sixth street, New York city, and now owned by me, which mortgage is to be executed by me and my wife, and which said bond and mortgage are to be drawn by, and to be in form satisfactory to you, the said loan to be made in case my title to said premises is satisfactory to...