Reitz v. . Reitz
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an interlocutory judgment, entered upon the report of a referee, and granting a new trial. (Reported below, 14 Hun, 536.) This action was brought to have it adjudged that certain premises, conveyed to the defendant by deed' in 1854, are held by him in trust; and for an accounting.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an interlocutory judgment, entered upon the report of a referee, and granting a new trial. (Reported below, 14 Hun, 536.) This action was brought to have it adjudged that certain premises, conveyed to the defendant by deed' in 1854, are held by him in trust; and for an accounting. The complaint alleged, in substance, that the lands in question were purchased by defendant, who was at the time the agent of his mother, Elizabeth B. Reitz, with moneys belonging to her, in his hands as such…
1Opinion of the CourtDanfobth, J.
The order appealed from docs not show that the new trial was granted upon a question of fact, and the contrary must be presumed. (Code of Civil Procedure, §§ 1337, 1338.) ■ Nor are we to consider the weight of evidence produced upon the trial by the respective parties, but whether there is any which would support the findings of the referee. An examination of the record satisfies me that there is, and as the conclusion of the General Term does not seem to have been otherwise, it cannot be necessary to re-state here the testimony on which, as I think, the findings may stand. Do these findings…
2Cases cited3 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Siemon v. . SchurckNew York Court of Appeals · 1864
- Grant v. . MorseNew York Court of Appeals · 1860
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- Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Tourtillotte v. TourtillotteMassachusetts Supreme Judicial Court · 1910
- De Forest v. . WaltersNew York Court of Appeals · 1897
- Lewis v. WelchSupreme Court of Minnesota · 1891
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