Adams v. . Lawson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 6,1906, affirming a j udgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 6,1906, affirming a j udgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was established that respondent had not substantially performed his contract and the verdict was, therefore, against the law and the weight of evidence. (Glacius v. Black, 50 N. Y. 145; McIntosh v. Rector, etc., 120 N. Y. 12; Flaherty v. Minor, 123 N. Y. 388; Hammann…
1Opinion of the CourtEdwabd T. Babtlbtt, J.
The plaintiff, as trustee for the benefit of certain creditors, seeks in this action to recover damages for the alleged breach of a building loan agreement.
The Appellate Division having unanimously determined that there is evidence supporting or tending to sustain the verdict of the jury, we are precluded from examining any question of fact.
A statement of a few of the undisputed facts will render clear the questions of law presented by this appeal. On the 6tli of February, 1902, the defendant sold and conveyed to Dawson B. Hilton and Gustave Levy certain vacant lots in the borough of…
2Cases cited7 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Milbank v. . JonesNew York Court of Appeals · 1894
- Schwarz v. . OppoldNew York Court of Appeals · 1878
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3Cited by3 opinions
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1915
- Blanchard v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1934
- In re the Judicial Settlement of the Account of Proceedings of LloydNew York Surrogate's Court · 1914