Ross v. Caywood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lewis P. Ross, from a judgment of the Supreme Court in favor of the defendants Oaywood and Donovan, entered in the office of the clerk of the county of Monroe on the 14th day of November, 1896, upon the decision of the court rendered after a trial at the Monroe Equity Term dismissing the plaintiff’s complaint without costs.
1Opinion of the Court
Adams, J.:
It is proper to state by way of preface to our review of this case’ that, the trial court having rendered .a decision which does not state separately the facts found, this court is required, under the existing rules of practice,, to. review all questions of fact and of law and award to either party such judgment as he may be fairly entitled to. *592(Code Civ. Proc. § 1022; New Britain Nat. Bank v. Cleveland Co., 91 Hun, 447; Harding v. Elliott, Id. 502.) The plaintiff, who is a judgment creditor of the defendant Georgia S. Holcomb, brings this action to set aside as fraudulent and void…
2Cases cited3 opinions
- Parker v. . ConnerNew York Court of Appeals · 1883
- McNally v. . City of CohoesNew York Court of Appeals · 1891
- New Britain Nat. Bank v. A. B. Cleveland Co.New York Supreme Court · 1895
3Cited by3 opinions
- Commercial Bank v. BoltonAppellate Division of the Supreme Court of the State of New York · 1897
- Hyde v. BloomingdaleNew York Supreme Court · 1898
- Johnstone v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1897