Legal Opinion

Brizse v. . Lisman

New York Court of Appeals

Decided May 10, 1921PublishedCited by 7 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 5, 1920, dismissing the appeal of defendants from so much of a judgment in their favor entered upon a verdict as was amended by a subsequent order of the court permitting the insertion of recitals as to certain special findings therein. The Appellate Division erred in affirming the order amending the judgment.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 5, 1920, dismissing the appeal of defendants from so much of a judgment in their favor entered upon a verdict as was amended by a subsequent order of the court permitting the insertion of recitals as to certain special findings therein. The Appellate Division erred in affirming the order amending the judgment. (Herpe v. Herpe, 225 N. Y. 323; Hubbard v. Copcutt, 9 Abb. [N. S.] 289; Bulkley v. Whiting Mfg. Co., 136 App. Div. 479; Paoli v. East River Nat. Bank,…

1Opinion of the CourtAndrews, J.

The complaint alleged that the plaintiff purchased of the defendants securities of the value of $83,752.50 under the agreement that the latter would retake them at any time except in a time of panic and repay the purchase money. The answer denied the making of any such contract and as amended claimed that any tender to return the property was made in a time of panic. After a trial the jury found a general verdict for the defendants. They also made certain special findings. (Code Civ. Pro. sec.- 1187.) Two of these findings, namely, that the contract alleged was in fact made and that the…

2Cases cited3 opinions

  1. Rudd v. . CornellNew York Court of Appeals · 1902
  2. Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
  3. Springer v. . BienNew York Court of Appeals · 1891

3Cited by7 opinions

  1. In Re Trust Created by Will of EngerSupreme Court of Minnesota · 1948
  2. Greene v. Town of Blooming GroveCourt of Appeals for the Second Circuit · 1991
  3. Greene v. Town of Blooming GroveCourt of Appeals for the Second Circuit · 1991
  4. Leraan v. Aftenro SocietySupreme Court of Minnesota · 1948
  5. Hughes v. ParkhurstAppellate Division of the Supreme Court of the State of New York · 1954

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