Drake v. . New York Iron Mine
New York Court of Appeals
Appeal from a judgment of the late General Term of the-Supreme Court in the second judicial department, entered August 12, 1895, affirming a judgment in favor of defendants, entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. There is no exception in the record sufficient to present any question for review.
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Appeal from a judgment of the late General Term of the-Supreme Court in the second judicial department, entered August 12, 1895, affirming a judgment in favor of defendants, entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. There is no exception in the record sufficient to present any question for review. (Ingersoll v. Bostwick, 22 N. Y. 425; Roberts v. Tobias, 120 N. Y. 1; Newell v. Doty, 33 N. Y. 83, 93; Magee v. Badger, 34 N. Y. 247; Ward v. Craig,…
1Opinion of the CourtGray, J.
This action was brought by the plaintiff for the purpose of establishing and enforcing an equitable assignment of, or an implied trust and lien with respect to, a certain fund.
The trial, which was, of course, by the court without a jury, resulted in a judgment for the defendant, dismissing the complaint upon the merits, and that judgment was affirmed at the General Term. From that affirmance the plaintiff has, •appealed to this court. The appeal is upon the judgment roll alone and the record shows that the findings of fact and conclusions of law, constituting the decision by the trial court,…
2Cited by13 opinions
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- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- Eckerson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Eckerson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
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