West v. Wright
New York Supreme Court
Appeal from judgment on report of referee. Action by George J. West, as executor of John G. West, deceased, against George H. Wright, Conrad J. Fisher, and James 0. Bennett. Judgment was entered in favor of plaintiff, and defendants appeal. The action was brought December 15, 1888, by the deceased, to recover money alleged to have been paid on a wager contract.
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Appeal from judgment on report of referee. Action by George J. West, as executor of John G. West, deceased, against George H. Wright, Conrad J. Fisher, and James 0. Bennett. Judgment was entered in favor of plaintiff, and defendants appeal. The action was brought December 15, 1888, by the deceased, to recover money alleged to have been paid on a wager contract. The answer contained a denial of the allegations of the complaint. ■ On the 18th of September, 1888, West, the original plaintiff, entered the Binghamton office ■of the Central City Stock & Grain Exchange of Syracuse, Limited, and gave…
1Opinion of the CourtHardin, P. J.
No certificate is found in the appeal book that the case contains all the evidence taken at the trial. In the absence of such a statement, the respondent is entitled to rely on the assumption that there was no intention to ask a review of the rulings on the question of fact. Porter v. Smith, 35 Hun, 118, affirmed 107 N. Y. 531, 14 N. E. 446; Halpin v. Insurance Co., 118 N. Y. 171, 23 N. E. 482; Goodrich v. Gillies, 62 Hun, 479, 17 N. Y. Supp. 88. In Dibble v. Dimick, 143 N. Y. 555, 38 N. E. 724, it is said: “It is now well settled that, where the party appealing desires the court to review…
2Cases cited13 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Porter v. . SmithNew York Court of Appeals · 1887
- Story v. . SalomonNew York Court of Appeals · 1877
- Dibble v. . DimickNew York Court of Appeals · 1894
- Elmira Iron & Steel Rolling Mill Co. v. HarrisNew York Court of Appeals · 1891
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3Cited by1 opinion
- Lane v. Logan Grain Co.Missouri Court of Appeals · 1904