23 Jones & S. 116
The Superior Court of New York City
Decided June 23, 1887
The Superior Court of New York City · decided 1887-06-23
The facts sufficiently appear from the head note, and the opinions. Held: and no suspicion of any unfair or questionable dealing in the transaction on his part. “In this form of action the burden is on the plaintiff to prove affirmatively that the agreement to convey to him has been violated by the defendants, and that the title which they were able to give him was not such as he was bound to receive.
Decided 1887-06-23
¶1The opinion rendered by the. learned judge below, on denying the motion of the defendants for a new trial, is substantially correct. The assignment to Brown, and the release by Brown to the defendants, cannot vary the result when all the attending and surrounding circumstances are considered. The insufficiency in the proof of the judgment recovered by Barnes, has been cured by the production of a certified copy of the judgment roll.
¶2The judgment and order should be affirmed, with costs.