Legal Opinion

Reich v. La Bau Dyer

New York Court of Appeals

Decided December 30, 1904PublishedCited by 8 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1904, which reversed a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the court below is propeidy re view able in this court.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1904, which reversed a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the court below is propeidy re view able in this court. (Griggs v. Day, 158 N. Y. 1; Wester field v. Rogers, 174 N. Y. 240 ; Kane v. City of Yonkers, 169 N. Y. 392; Hirsehfield v. Fitzgerald, 157 N. Y. 166 ; Otten v. M. R.…

1Opinion of the CourtHaight, J.

This action was brought to recover a balance due upon the purchase price of a farm consisting of one hundred acres of land, situated at Brentwood, Long Island. The facts established by the verdict of the jury are substantially as follows:

The plaintiff was the owner and resided upon the farm in question. She applied to the defendants’ testatrix in her lifetime for a loan of $3,133 and offered to give' her mortgage upon the farm to secure its repayment. Thereupon negotiations took place between the plaintiff, her husbaand and Mrs. La Bau with reference to the purchase of the farm by Mrs. La…

2Cases cited14 opinions

  1. Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
  2. Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
  3. Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
  4. Harris v. . BurdettNew York Court of Appeals · 1878
  5. Griggs v. . DayNew York Court of Appeals · 1899

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3Cited by8 opinions

  1. Allen v. . Corn Exchange BankNew York Court of Appeals · 1905
  2. 515-2nd St. Corp. v. BisnoffAppellate Division of the Supreme Court of the State of New York · 1937
  3. Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  4. Conover v. PalmerNew York Supreme Court · 1908
  5. Schulte v. CleriAppellate Division of the Supreme Court of the State of New York · 1972

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