Fox v. . Fitzpatrick
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 25, 1906, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The case made by the complaint was in equity and the only specific relief demanded was for an injunction restraining the defendants from violating a certain contract.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 25, 1906, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The case made by the complaint was in equity and the only specific relief demanded was for an injunction restraining the defendants from violating a certain contract. The allegation of the plaintiffs that they had no adequate remedy at law was denied by the defendants Fitzpatrick, Weller and Ball, who did not, however, plead as an affirmative defense that the plaintiffs' had such a…
1Opinion of the CourtVann, J.
The important question on this appeal is whether the facts found by the referee support his conclusions of law. The action is clearly in equity and the concrete question is whether according to the facts found a court of equity had jurisdiction. There are five periods in the progress of the negotiations between the various parties when rights are alleged to have accrued and it will be convenient to examine the rights and relations of the parties at each of these periods.
1. When the written, contract was made between Fox and Ball, title to the trees did not pass to the latter, for he was first…
2Cases cited2 opinions
- St. Regis Paper Co. v. Santa Clara Lumber Co.New York Court of Appeals · 1903
- Killmore v. . HowlettNew York Court of Appeals · 1872
3Cited by9 opinions
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
- Commercial Solvents Corporation v. The United StatesUnited States Court of Claims · 1970
- Perrin v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Dingwall v. ChapmanNew York Supreme Court · 1909
- Morrison v. ChapmanNew York Supreme Court · 1909
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