Reed v. . McConnell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 30, 1891, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 30, 1891, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. None of the exceptions to findings of fact can be sustained on the ground that such findings, or any of them, are without evidence to sustain them. (Code Civ. Pro. § 993.) Plaintiff is entitled to recover of the defendant, on an implied promise to pay, all the…
1Opinion of the CourtAndbews, J.
This is an appeal from an order of the General Term, reversing a judgment for the plaintiff, entered upon a decision of the court on trial without a jury, and granting a new trial. It not appearing that the order of reversal was upon the facts, it is conclusively presumed that the reversal was upon the law, and the order must be sustained if it appears that any material error of law, pointed out by proper exception, was committed on the trial against the party against whom the judgment was rendered. The court on the appeal from the order will scan the whole record, and all exceptions taken on…
2Cases cited3 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- People Ex Rel. Witherbee v. Board of SupervisorsNew York Court of Appeals · 1877
- Day v. . N.Y.C.R.R. Co.New York Court of Appeals · 1873
3Cited by32 opinions
- American Woolen Co. v. . SamuelsohnNew York Court of Appeals · 1919
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Martin v. . Home BankNew York Court of Appeals · 1899
- Foster v. . BookwalterNew York Court of Appeals · 1897
- Walker v. McDonaldSupreme Court of South Carolina · 1926
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