Riker v. . Gwynne
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1910, upon an order reversing upon the facts and law 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. This is an action to set aside a conveyance from Edward E. Gwynne, deceased, to his mother, Louise Gwynne, also deceased.
Read the full summary
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1910, upon an order reversing upon the facts and law 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. This is an action to set aside a conveyance from Edward E. Gwynne, deceased, to his mother, Louise Gwynne, also deceased. The contest is between the plaintiff, as trustee in bankruptcy, and certain infant defendants. The question whether the plaintiff is entitled as such trustee to…
1Opinion of the CourtWerner, J.
The Appellate Division, although reversing upon the facts and law, granted judgment absolute in favor of the defendants. It is well settled by the decisions of this court that unless the facts are conceded, or are so ineontrovertibly established that they cannot be changed upon a new trial, the Appellate Division has no power to-grant judgment absolute. (Duclos s. Kelley, 197 N. Y. 76, and cases cited.) We cannot say that the evidence relating to the issue of fraud is of that character. The reversal upon the facts should, therefore, have been coupled with a direction for a new trial. Although…
2Cases cited5 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- Bowditch v. . AyraultNew York Court of Appeals · 1893
- Johnson v. . BrasingtonNew York Court of Appeals · 1898
- Duclos v. . KelleyNew York Court of Appeals · 1909
3Cited by27 opinions
- Gray v. Fill (In Re Fill)United States Bankruptcy Court, S.D. New York · 1987
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- Wright v. City of TuscaloosaSupreme Court of Alabama · 1938
- In re the Estate of IttlesonNew York Surrogate's Court · 1950
- In re the Estate of MilhauNew York Surrogate's Court · 1934
22 more not listed; retrieve them via the Exa API.