McLean v. Stewart
New York Supreme Court
Appeal from an order made by the Monroe Special Term on the 6th day of December, 1877, altering the decision of the trial judge who heard this cause without a jury, and also changing the judgment entered upon such decision.
Read the full summary
Appeal from an order made by the Monroe Special Term on the 6th day of December, 1877, altering the decision of the trial judge who heard this cause without a jury, and also changing the judgment entered upon such decision. The Farmers and Mechanics’ Bank of Rochester held a note made by S. C. and M. A. Hutchins for $1,000, and the note was delivered to Stewart, who was a director in said bank, and a suit was brought upon it in Stewart’s name and judgment obtained by McDonald & Raines as attorneys for $1,140 debt and $22.80 costs, making, together, $1,162.80. The $22.80 costs were paid by…
1Opinion of the Court
Hardin, J.:
The principal question presented involves the right of the Special Term to amend a decision of the cause, which had been made, signed and delivered, as of a prior term when the cause was tried, and also the right to change the judgment, entered in accordance with the decision as made, so that it should conform to the change made in the findings of fact and law, after they were made as required by the order appealed from. There was no evidence given upon the trial that Stewart had paid the costs to the attorneys in the action when the judgment was recovered. There was, therefore,…
2Cases cited6 opinions
- Clark v. HallNew York Court of Chancery · 1839
- Libby v. RosekransNew York Supreme Court · 1869
- Stevens v. VerianeNew York Supreme Court · 1870
- Beattie v. QuaNew York Supreme Court · 1852
- Sheldon v. WilliamsNew York Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.