Wood v. . Amory
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 October 31, 1878, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint herein. The substance of the complaint is set forth in the opinion.
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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 October 31, 1878, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint herein. The substance of the complaint is set forth in the opinion. The general jurisdiction of a court of equity to reform or set aside a contract on the ground of mistake includes executed as well as executory contracts. The consummation of the transaction in ignorance of the mistake, and without loches on the part of the party injured,…
1Opinion of the CourtPeckham, J.
The questions herein arise upon a demurrer to the plaintiff’s complaint. The plaintiff, in his complaint, alleged that prior to October 1, 1860, one Austin Packard, commenced an action against him which was duly referred, and on that date the referee reported in favor of Packard and judgment was entered in favor of the latter for nearly $30,000. On appeal by the defendant therein, the judgment was modified by the General Term and so affirmed, and the defendant then and about December 8, 1864, appealed to the Court of Appeals, and the judgment was affirmed in the Commission of Appeals in…
2Cases cited1 opinion
- Cohn v. . GoldmanNew York Court of Appeals · 1879
3Cited by48 opinions
- Fed. Sec. L. Rep. P 95,323 Frigitemp Corp. v. Financial Dynamics Fund, Inc.Court of Appeals for the Second Circuit · 1975
- Lieber v. LieberSupreme Court of Missouri · 1911
- Knowles v. . City of New YorkNew York Court of Appeals · 1903
- Beneficial Commercial Corp. v. Murray Glick Datsun, Inc.District Court, S.D. New York · 1985
- In re the Estate of MullinNew York Surrogate's Court · 1932
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