Legal Opinion

Platt v. . Elias

New York Court of Appeals

Decided November 20, 1906PublishedCited by 10 opinions

Appeal from a judgment of' the Appellate Division of the Supreme Court in the first judicial department, entered November 21, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.

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Appeal from a judgment of' the Appellate Division of the Supreme Court in the first judicial department, entered November 21, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The plaintiff brought this action against Hannah Elias and fourteen banks and trust companies to impress a trust upon moneys alleged to have been extorted from him by the defendant Elias, and to have been deposited by her with the other defendants. The complaint was verified on May 27,190Í. It charged that “ between 1896 and the date hereof…

1Opinion of the CourtWillard Bartlett, J.

In view of the findings of fact made by the trial court and the unanimous affirmance by the Appellate Division, I am unable to perceive any .ground which would justify us in interfering with this judgment. So far as the express allegations of the complaint are concerned, the learned judge at Special Term has found that the respondent did not commit any of the acts of blackmail or extortion which are charged therein. These findings being amply sufficient to sustain the conclusions of law and having been unanimously affirmed by the Appellate Division leave no question open for consideration in…

2Cases cited4 opinions

  1. Shipman v. FurnissSupreme Court of Alabama · 1881
  2. People v. . WeldonNew York Court of Appeals · 1888
  3. Hanna v. WilcoxSupreme Court of Iowa · 1880
  4. Monatt v. ParkerSupreme Court of Louisiana · 1878

3Cited by10 opinions

  1. Fairbanks-Morse Co. v. City of GearySupreme Court of Oklahoma · 1916
  2. Cornell v. DimmickBinghamton City Court · 1973
  3. Kennell v. RiderAppellate Division of the Supreme Court of the State of New York · 1929
  4. People v. ThomasCriminal Court of the City of New York · 1978
  5. In re the Estate of ThompsonNew York Surrogate's Court · 1921

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