Bennett v. Abrams
New York Supreme Court
APPEAL from a judgment rendered at the circuit, on a trial before the court without a jury. The action was brought to reform a receipt on the ground of a misapprehension of its contents, when executed, and also to compel a specific performance of a verbal agreement.
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APPEAL from a judgment rendered at the circuit, on a trial before the court without a jury. The action was brought to reform a receipt on the ground of a misapprehension of its contents, when executed, and also to compel a specific performance of a verbal agreement. The following facts were found by the judge who tried the cause, viz: 1. That on or about the 20th day of December, in the year 1859, the defendant was seised in fee and possessed of three certain pieces or parcels of land lying in the town of Duanesburgh, in the county of Schenectady, which are particularly described in the…
1Opinion of the Court
By the Court, Bockes, J.
The facts found and stated by the learned judge before whom, the cause was tried are well established by the pleadings and proofs. Most of the material allegations of the complaint are not denied in the demurrer of the defendant. Therefore they stand admitted of record.
It is denied that the defendant agreed to procure for the plaintiff a right of way across the land of Mr. McIntosh. On this point the case is clearly with the plaintiff. He swears that the defendant was to furnish him a right of way through McIntosh’s lot. In this he is distinctly supported by both…
2Cases cited6 opinions
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Thomas v. . DickinsonNew York Court of Appeals · 1855
- Malins v. . BrownNew York Court of Appeals · 1850
- Bull v. WillardNew York Supreme Court · 1850
- Bogart v. BurkhalterCourt for the Trial of Impeachments and Correction of Errors · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Korminsky v. KorminskyThe Superior Court of the City of New York and Buffalo · 1893
- Korminsky v. KorminskyThe Superior Court of New York City · 1893
- Morrill v. CooperNew York Supreme Court · 1873
- Cagger v. LansingNew York Supreme Court · 1870
- Brennan v. SchellhamerNew York Court of Common Pleas · 1891
7 more not listed; retrieve them via the Exa API.