Aldridge v. . Aldridge
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1888, which reversed, “ on questions of both law and fact,” a judgment in favor of plaintiff entered upon the decision of the court on trial at Special Term, and granted a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1888, which reversed, “ on questions of both law and fact,” a judgment in favor of plaintiff entered upon the decision of the court on trial at Special Term, and granted a new trial. The action- was brought to set aside two deeds, one from plaintiff to defendant Adams and one from the latter to defendant Aldridge, which transferred certain real estate in the city of Brooklyn from the plailitiff to said defendant Aldridge, who was plaintiff’s husband. The…
1Opinion of the CourtBrown, J.
The trial court found upon conflicting evidence that the deed from the plaintiff to George E. Adams was procured from her by the defendant, and said Adams, by fraud and undue influence, practiced by them upon her, and that at the time she executed the same her condition of mind was such that she was not conscious of the nature of her act, and gave judgment in accordance with the prayer of the complaint.
The General Term reversed the judgment and granted a new trial, and has certified in its order that sncli reversal was on questions of both law and fact.
We are of the opinion that it was error…
2Cases cited3 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Porter v. . SmithNew York Court of Appeals · 1887
3Cited by79 opinions
- Sanger v. . FrenchNew York Court of Appeals · 1898
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Flack v. Village of Green IslandNew York Court of Appeals · 1890
- Foster v. . BookwalterNew York Court of Appeals · 1897
- Bloom v. National United Benefit Savings & Loan Co.New York Court of Appeals · 1897
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