Parsons v. . Parker
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered December 16, 1895, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The original defendant, Charles W. Parker, died after the judgment of the General Term, and the present defendant and appellant succeeded to all his property and interests and was substituted in liis place.
Read the full summary
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered December 16, 1895, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The original defendant, Charles W. Parker, died after the judgment of the General Term, and the present defendant and appellant succeeded to all his property and interests and was substituted in liis place. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment should be reversed and a new trial granted. (People ex…
1Opinion of the Court
Pabkeb, Oh. J.
Mindful of the duty of this court to harmonize inconsistent findings where it is possible to do so, we have studied those contained in this record carefully with that end in view, but only to find them absolutely inconsistent and wholly irreconcilable, and, therefore, we must be governed by the rule that requires this court to accept as true the findings most favorable to the appellant’s contention. (Israel v. M. E. R. Co., 158 N. Y. 624)
This action was brought to recover possession of two lots of land in the town of Mamaroneck, Westchester county, described as lots 27os. 117…
2Cases cited2 opinions
- Israel v. . Manhattan Railway Co.New York Court of Appeals · 1899
- Parsons v. ParkerNew York Supreme Court · 1894
3Cited by2 opinions
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- In Re the Accounting of FinnNew York Court of Appeals · 1933