Lamport v. . Smedley
New York Court of Appeals
Appeal from a judgment entered March 19,1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered March 19,1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The amendment to. sectioD 1317 of the Code of Civil Procedure (L. 1912, ch. 380), authorizing the Appellate Division to render final judgment upon reversal, did not go into effect until after the appeal was taken to the…
1Opinion of the Court
■ Cardozo, J.
The action is brought to set aside a transfer of certificates of stock and policies of insurance. The charge is that the defendant procured the transfer through undue influence and fraud. The court at Special Term found in favor of the plaintiff. The Appellate Division reversed the judgment as contrary to the evidence and dismissed the complaint. In so doing it followed the rule of practice laid down in Bonnette v. Molloy (209 N. Y. 167), and made its own findings. By these it is established that neither, actual nor constructive fraud is chargeable to the defendant.
That the…
2Cases cited8 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Cragin v. LovellSupreme Court of the United States · 1883
- Schenck v. . DartNew York Court of Appeals · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- Kaumagraph Co. v. . Stampagraph Co.New York Court of Appeals · 1923
- O'Connor v. PapertsianNew York Court of Appeals · 1956
31 more not listed; retrieve them via the Exa API.