Haviland v. . Willets
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which denied a motion for a new trial and affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which denied a motion for a new trial and affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to set aside a release executed by plaintiff of his interest in the estate of Isaac E. Haviland,. deceased, and for an accounting by the administrators with the will annexed of said Haviland, and a determination of the amount due pMntiff as his legatee, heir at law and next of kin,…
1Opinion of the CourtFinch, J.
The instrument which equity is asked to cancel and set aside as the deserved relief in this action is a long document, carefully and thoughtfully prepared, loaded with estoppels as the product of numerous recitals, and revealing everything essential to the intelligent action of the plaintiff, except the one single truth which was the most vital of all. That was - left to a possible inference, which, it is true, a man of ordinary ability ought to have drawn; which this plaintiff, if attentive and not negligent, might have easily drawn; but which, according to his evidence and the findings of…
2Cases cited2 opinions
- Flynn v. . HurdNew York Court of Appeals · 1889
- Erie County Savings Bank v. . RoopNew York Court of Appeals · 1872
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- Allen v. Westpoint-Pepperell, Inc.Court of Appeals for the Second Circuit · 1991
- Peterson v. First National Bank of CeylonSupreme Court of Minnesota · 1925
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- Nadeau v. Maryland Casualty Co.Supreme Court of Minnesota · 1927
- Busiere v. ReillyMassachusetts Supreme Judicial Court · 1905
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