Wheat v. . Rice
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which dismissed an appeal taken by defendants Rice and others from judgment in favor of plaintiffs, entered upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which dismissed an appeal taken by defendants Rice and others from judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to reform a contract between plaintiffs and defendant Stotenburgh by striking out certain clauses, which, plaintiffs alleged, had been inserted therein by mistake of the scrivener, and without the knowledge or assent of the parties. The defendants other than Stotenburgh are creditors of the firm…
1Opinion of the CourtFinch, J.
The plaintiffs and the defendant Stotenburgh signed an agreement in writing containing two clauses which were afterward claimed to have been inserted by mistake.
At the date of its execution the firm of Stotenburgh, Boot & Co. was • indebted to several creditors, and, continuing its business thereafter, contracted other and additional debts to the same and other persons. Both classes of creditors are among the defendants in this action. The written agreement stipulated that Stotenburgh sold to Wheat & Salisbury, the present plaintiffs, “ the equal undivided one-quarter of the plaster mill and…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Barlow v. . MyersNew York Court of Appeals · 1876
3Cited by32 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Flemington National Bank & Trust Co. v. Domler Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- Irwin's Bank v. Fletcher, Etc., Trust Co., Rec.Indiana Supreme Court · 1924
27 more not listed; retrieve them via the Exa API.