Minneapolis Trust Co. v. . Mather
New York Court of Appeals
Appeal from ■ a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14, 1904, affirming a judgment in favor of defendant entered upon the report of a referee.
Read the full summary
Appeal from ■ a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14, 1904, affirming a judgment in favor of defendant entered upon the report of a referee. The first cause of action in the complaint is upon a promissory note made by the defendant to the order of the plaintiff, and the second is for commissions for rents collected, compensation for services performed, and moneys advanced by the plaintiff for the defendant. The plaintiff’s demands are practically uncontroverted, but the answer sets forth several affirmative defenses and…
1Opinion of the CourtWerner, J.
Upon the facts found as above stated, the two principal questions that survive the judgment of affirmance in the Appellate Division are (1) whether there is any evidence to support the findings of fact, and (2) whether the conclusions of law are warranted by the facts as found. The first of these questions need not be discussed, since the most cursory examination of the record discloses evidence enough to sustain the referee’s findings of fact; but the second question cannot be so easily disposed of. The theory upon which the judgment against the plaintiff is based is that the latter was…
2Cases cited10 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Cairnes v. BleeckerNew York Supreme Court · 1815
- Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
- McMorris v. SimpsonNew York Supreme Court · 1839
- Scott v. . RogersNew York Court of Appeals · 1864
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
- Bourquin v. Atlanta State BankNebraska Supreme Court · 1922
- Lustgarten v. HechtAppellate Terms of the Supreme Court of New York · 1912
- McInerney v. NachmanAppellate Court of Illinois · 1936
- Miller v. Dean Witter & Co.Civil Court of the City of New York · 1970
3 more not listed; retrieve them via the Exa API.