Jenkins v. Lefaiver
New York Supreme Court
Appeal from special term, Oswego county. An action by Isaac Gr. Jenkins, as receiver of the firm of Bond & Jenkins, against Stephen Lefaiver and Ozro M. Bond, from that portion of a judgment which reformed two contracts between him and his co-defendant. Defendant Bond appeals.
1Opinion of the CourtMartin, J.
An important question in this case is whether the evidence was sufficient to justify the referee in directing judgment for the reformation of the written contracts made between the appellant and respondent, November 7 and November 10, 1885. That written instruments may be reformed in eases of mutual mistake, in cases of fraud, and where there is a mistake on one side and fraud on the other, seems to be well settled. In a recent ease this court examined the authorities bearing upon the question, and we then held: “(1) That in cases of mistake or of fraud, or where there is a mistake by one…
2Cases cited1 opinion
- Devereux v. Sun Fire Office of LondonNew York Supreme Court · 1889