Ross v. . Caywood
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 12, 1897, reversing a judgment in favor of defendant ■entered upon a dismissal of the complaint by the court on trial at Special Term, and rendering a final judgment in favor of plaintiff for the relief demanded in 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 of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 12, 1897, reversing a judgment in favor of defendant ■entered upon a dismissal of the complaint by the court on trial at Special Term, and rendering a final judgment in favor of plaintiff for the relief demanded in the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was error, on reversing the judgment of the Special Term,s to award judgment absolute against the defendants, instead of granting a new trial. (Heller v. Cohen,…
1Opinion of the CourtVann, J.
This was a creditor’s action brought to set aside a transfer of personal property from the judgment debtor to the appellants, and the substantial issue was a question of fraud. After hearing witnesses on both sides, the Special Term filed a decision in two sentences, the first of which stated the nature of the action and the second was in these words: “ The defendants Caywood and Donovan are entitled to judgment dismissing the complaint, but without costs.” Without tiling any exception to this decision, the plaintiff appealed from the judgment entered thereon to the Appellate Division, which…
2Cases cited8 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Heller v. . CohenNew York Court of Appeals · 1897
- Cohn v. . GoldmanNew York Court of Appeals · 1879
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Telaro v. TelaroNew York Court of Appeals · 1969
- People v. . Journal Co.New York Court of Appeals · 1914
- Wangner v. . GrimmNew York Court of Appeals · 1902
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Gilmour v. . ColcordNew York Court of Appeals · 1906
7 more not listed; retrieve them via the Exa API.