Brackett v. Ostrander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Helen E. Foulds, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 9th day of January, 1908, upon the decision 6f the court, rendered after a trial at the Saratoga Special Term, sustaining the plaintiff’s demurrer to certain defenses in the amended answer of the said defendant.
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Appeal by the defendant, Helen E. Foulds, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 9th day of January, 1908, upon the decision 6f the court, rendered after a trial at the Saratoga Special Term, sustaining the plaintiff’s demurrer to certain defenses in the amended answer of the said defendant. The complaint for a first cause of action alleges that between Februai-y 15,1906, and May 1, 1907, the plaintiff, as an attorney and counselor at law, rendered legal services for the defendants on…
1Opinion of the Court
Cochrane, J.:
The question for determination is as to the meaning of said instrument “ Exhibit A ” and its effect on the complaint.
In construing this instrument as in the construction of any written instrument we must have due regard to the surrounding circumstances and the relation of the parties to each other and to the subject-matter of the contract and the purpose and intent of the parties as far as discoverable. Only in that way can we accurately ascertain what, was in the minds of the parties and it is only by ascertaining their mental attitude' and operations that we can construe their…
2Cases cited4 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Willis v. . SharpNew York Court of Appeals · 1889
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Noyes v. . BlakemanNew York Court of Appeals · 1852
3Cited by6 opinions
- Collins v. McWilliamsAppellate Division of the Supreme Court of the State of New York · 1919
- Waugh v. Q. & C. Co.Court of Appeals for the Seventh Circuit · 1926
- Le Baron v. BarkerAppellate Division of the Supreme Court of the State of New York · 1911
- Beekman v. BeekmanNew York Supreme Court · 1911
- Dwane v. MillerCity of New York Municipal Court · 1915
1 more not listed; retrieve them via the Exa API.