Whitney v. . Martine
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Mew York, made February 7, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 15 J. & S. 396.) The nature of the action and the material facts are stated in ■ the opinion.
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Appeal from order of the General Term of the Superior Court of the city of Mew York, made February 7, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 15 J. & S. 396.) The nature of the action and the material facts are stated in ■ the opinion. Plaintiff’s offer, in the complaint, to assign the bonds and mortgages was all that was necessary, especially in the absence of any request to find, motion for nonsuit or other objection on the trial. (White v. Dodds, 42 Barb. 555; King v. Fitch, 40 N. Y. 451; Lewis…
1Opinion of the CourtMiller, J.
This action was brought to recover a sum of money which it is claimed the defendant’s testator invested upon bond and mortgage as agent and attorney of the plaintiff upon real estate in the city of New York which was incumbered by prior mortgages, and which was sold for a less amount than said mortgages, by means of which the investment was a loss to the plaintiff. The order of reversal does not provide that the judgment was reversed on questions of fact, and hence the only questions we are called upon to consider upon this appeal are questions of law.
The first question which properly arises…
2Cases cited3 opinions
- Heinemann v. . HeardNew York Court of Appeals · 1872
- Hoag v. LamontNew York Court of Appeals · 1875
- Fish v. MillerNew York Court of Chancery · 1839
3Cited by10 opinions
- Constant v. . University of RochesterNew York Court of Appeals · 1888
- King v. . MacKellarNew York Court of Appeals · 1888
- Kissam v. SquiresAppellate Division of the Supreme Court of the State of New York · 1905
- Shuey v. LattaIndiana Supreme Court · 1883
- Gardner v. WoodNew York Supreme Court · 1902
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