Medical College Laboratory v. New York University
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York University, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of May, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, directing a- reconveyance by the defendant to the plaintiff of certain premises and property mentioned and described in a deed from the plaintiff to the defendant bearing date the 8th day…
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Appeal by the defendant, The New York University, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of May, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, directing a- reconveyance by the defendant to the plaintiff of certain premises and property mentioned and described in a deed from the plaintiff to the defendant bearing date the 8th day of February, 1897, and recorded March 2, 1897. The theory of the action and the grounds of the decision are that the…
1Opinion of the Court
Laughuin, J.:
The respondent was permitted to show," under objection and exception to its competency and admissibility, what took place at the'interview between the committees of the respective parties on December 19, 1896, prior to the execution of the deed. The first question to be determined is whether it was error to receive this testimony. It was offered for the purpose of showing that the respondent’s agreement to transfer the property was upon the distinct understanding or agreement that the control pf the council over matters pertaining to the medical education should be merely nominal…
2Cases cited11 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Baird v. BairdNew York Court of Appeals · 1895
- Routledge v. . Worthington Co.New York Court of Appeals · 1890
- Dix v. MarcyMassachusetts Supreme Judicial Court · 1875
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3Cited by5 opinions
- In Re the Accounting of BrownNew York Court of Appeals · 1930
- Hough v. StateNew York Court of Claims · 1910
- Sterling v. ChapinAppellate Division of the Supreme Court of the State of New York · 1905
- Sterling v. ChapinAppellate Division of the Supreme Court of the State of New York · 1905
- Sterling v. ChapinAppellate Division of the Supreme Court of the State of New York · 1905