Smith v. . Ogilvie
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■court in the first judicial department, entered upon an order made July 16, 1889, which affirmed a judgment in favor of defendant 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 first judicial department, entered upon an order made July 16, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiffs as successors of the firm of Street & Smith, against the defendant as survivor ■of the firm of J. S. Ogilvie & Co., to set aside as fraudulent a certain settlement made between the plaintiffs and defendant in reference to royalties agreed to be paid by J. S. Ogilvie & ■Co., under an agreement with the…
1Opinion of the CourtPabker, J.
The trial court found, as a fact, that after the settlement in the fall of 1883, and the execution and delivery of the release by the parties thereto, there remained no unsettled matters in connection with the publication of the stories mentioned in the complaint. In order to maintain the action, therefore, it became necessary for the plaintiffs to obtain an adjudication that the settlement was fraudulently procured and should, therefore, be set aside.
The trial court, however, upon the whole testimony found, as a fact, that the defendant did not practice any fraud or deceit, or make any false…
2Cases cited5 opinions
- Marston v. . GouldNew York Court of Appeals · 1877
- Fisher v. . BishopNew York Court of Appeals · 1888
- Brock v. BarnesNew York Supreme Court · 1863
- Republic of Mexico v. de ArangoizThe Superior Court of New York City · 1856
- Stoll v. KingNew York Supreme Court · 1853
3Cited by4 opinions
- James Benjamin Hamby, Bankrupt v. St. Paul Mercury Indemnity Company, CreditorCourt of Appeals for the Fourth Circuit · 1954
- Commissioner of Internal Revenue v. OwensCourt of Appeals for the Tenth Circuit · 1935
- Reeves v. CrumSupreme Court of Oklahoma · 1924
- Lynch v. FiggeAppellate Division of the Supreme Court of the State of New York · 1922