Barnard v. . Gantz
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1892, which reversed a judgment in favor of defendants entered upon the report of a referee and granted a new trial. This action was brought originally in September, 1890, by Ann JE.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1892, which reversed a judgment in favor of defendants entered upon the report of a referee and granted a new trial. This action was brought originally in September, 1890, by Ann JE. Crouse, plaintiff’s intestate, to reform a trust deed executed by her, and to establish her right to alter or revoke the disposition of her property made therein, and for a delivery of the property therein described, or of any property taken in place thereof, and for an…
1Opinion of the CourtO’Brien, J.
In this case the General Term has reversed the judgment in favor of the defendants, entered upon the report of a referee dismissing the complaint, upon questions of 'fact. It is, therefore, one of the cases where this court is authorized and required to review.the facts. (Code, § 1338.) In order to sustain the reversal of the decision of the referee, it must appear that his findings are against the weight of evidence, or that the proofs so clearly preponderate in favor of a contrary result that it can be said with a reasonable degree of certainty that his conclusions were erroneous. (Baird v.…
2Cases cited4 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Nesbit v. . LockmanNew York Court of Appeals · 1866
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
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