Jamaica Savings Bank v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harry Taylor and another, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 6th day of April, 1901, upon the decision of the court, rendered after a trial at the Kings County Special Term, reforming a certain contract made between the plaintiff and the defendant Harry Taylor.
1Opinion of the Court
Jenks, J.:
The court having found that the scrivener in reducing the contract to writing wrote a description which embraced land not within the contract, and that the contract as written was thereupon executed by the parties in ignorance, adjudged reformation for mutual mistake.
The learned counsel for the appellants seems to insist that the evidence which justifies such relief must be beyond a reasonable doubt, inasmuch as he quotes from the opinion in Coast v. McCaffery (46 App. Div. 436) : “ Courts are chary in reforming written contracts. The doctrine is thus stated in Pomeroy’s Equity…
2Cases cited14 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Murray v. LylburnNew York Court of Chancery · 1817
- Long v. . WarrenNew York Court of Appeals · 1877
- Schafer v. . ReillyNew York Court of Appeals · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Burlingham v. HanrahanNew York Supreme Court · 1931
- Polhamus v. HinesNew York Supreme Court · 1926
- Donald Friedman & Co. v. NewmanAppellate Division of the Supreme Court of the State of New York · 1930
- Schall v. Schwartz & Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Schall v. Schwartz & Co.Appellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.