Price v. . Holman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made ¡November 30, 1891, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term, and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made ¡November 30, 1891, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term, and ordered a new trial. On the 22d day of ¡November, 1869, the defendants Boessle gave Walter W. Price, the husband of the plaintiff, a mortgage to secure the payment of $50,000. In Hovember, 1873, the plaintiff commenced an action against her husband and the Boessles, and she alleged in her complaint that in Hovember, 1869, the Boessles were indebted to her upon…
1Opinion of the Court
Earl, Ch. J.
The G-eneral Term reversed the judgment of the Special Term upon questions of law only, and hence, in our review here, we must take the facts as they have been found so far as there is any pvidence to support them. The. facts material to the disposition of this case are not much in dispute, and there are at least two grounds upon which, we-think, the judgment of the Special Term can stand.
The plaintiff has received the principal of what we will call the trust fund, with the simple interest thereon, and that is all,, upon the facts established, to which she was entitled.
We have not…
2Cases cited4 opinions
- Price v. . BrownNew York Court of Appeals · 1885
- Rice v. KingNew York Supreme Court · 1810
- Jacot v. EmmettNew York Court of Chancery · 1844
- Bruen v. HoneNew York Supreme Court · 1848
3Cited by17 opinions
- Beard v. . BeardNew York Court of Appeals · 1893
- In Re the Judicial Settlement of the Account of NesmithNew York Court of Appeals · 1894
- Clarke v. GilmoreAppellate Division of the Supreme Court of the State of New York · 1912
- In re McKayNew York Surrogate's Court · 1893
- In re the Judicial Settlement of the Accounts of JohnsonAppellate Division of the Supreme Court of the State of New York · 1901
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