Banta v. Banta
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George 0. Banta, from a judgmént of the Supreme Court in favor of the defendant, entered in the office of the clerk of the connty of Saratoga on the 13th day of December, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Saratoga Trial Term. The parties to this action are brothers, the defendant being about seventy-seven years of age and the plaintiff about sixty-foür years of age.
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Appeal by the plaintiff, George 0. Banta, from a judgmént of the Supreme Court in favor of the defendant, entered in the office of the clerk of the connty of Saratoga on the 13th day of December, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Saratoga Trial Term. The parties to this action are brothers, the defendant being about seventy-seven years of age and the plaintiff about sixty-foür years of age. The defendant resides and has resided for many years upon a farm owned by him and known as the Banta homestead, at Clifton Park, in the county of…
1Opinion of the Court
Chase, J.:
The trial court dismissed the complaint at the close of'the:plaintiff’s evidence without making any findings of fact. As said in Lindenthal v. Germania Life Ins. Co. (174 N. Y. 76) “ The learned trial judge virtually decided that the plaintiff had not produced any proof at the trial sufficient to call upon the court to consider it and determine the facts in issue one way or the other.” The evidence is undisputed and plaintiff, is entitled on this appeal to the most favorable consideration that can be given to the facts presented by him,
Where a person performs services under a void…
2Cases cited11 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Howard v. . DalyNew York Court of Appeals · 1875
- Crane v. . PowellNew York Court of Appeals · 1893
- Schell v. . PlumbNew York Court of Appeals · 1874
- Matthews v. . MatthewsNew York Court of Appeals · 1897
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3Cited by3 opinions
- Denniston v. FinneganAppellate Division of the Supreme Court of the State of New York · 1916
- Hollwedel v. Duffy-Mott Co.Appellate Division of the Supreme Court of the State of New York · 1933
- In re the Arbitration between Pierce & Brown Buick Co.Appellate Division of the Supreme Court of the State of New York · 1940