Legal Opinion

City Bank Farmers Trust Co. v. Cannon

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1942PublishedCited by 2 opinions

1Opinion of the Court

Since the trial court had found the facts and made conclusions of law separately, their incorporation in the judgment was improper. “ The judgment should contain, nothing but a statement that the court has made its findings of fact and con-' elusions of law, and then decree the relief to which the plaintiff was entitled. All of these recitals should, therefore, be stricken from the judgment.” (Beebe v. Mead, 101 App. Div. 500, 506.) The settling of their accounts, as presented,' and the relief granted to respondents, was the ultimate right determined in the action, and not the legal…

2Cases cited2 opinions

  1. Beebe v. MeadAppellate Division of the Supreme Court of the State of New York · 1905
  2. City Bank Farmers Trust Co. v. CannonAppellate Division of the Supreme Court of the State of New York · 1942

3Cited by2 opinions

  1. In re the Accounting of Lawyers Trust Co.New York Surrogate's Court · 1943
  2. American Elastics, Inc. v. United StatesDistrict Court, S.D. New York · 1949

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