Baker v. Woman's Christian Temperance Union
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Harvey Baker and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Otsego on the 7th day of May, 1899, upon the report of a referee dismissing the complaint. The decision of the referee upon which this judgment was entered contains the facts material to the appeal.
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Appeal by the plaintiffs, Harvey Baker and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Otsego on the 7th day of May, 1899, upon the report of a referee dismissing the complaint. The decision of the referee upon which this judgment was entered contains the facts material to the appeal. Those facts are as follows : On the 28th day of April, 1894, Harvey Baker of Oneonta, N. T., was the owner in fee of certain premises consisting of a village lot in the said village. Upon that day he executed a deed to the Woman’s…
1Opinion of the Court
Smith, J.:
The appellants first challenge certain findings of fact, especially the finding that the erection of the building was prevented by the false and unwarranted claim of title made by the plaintiffs while the building was in process of construction. This finding has, however, abundant support in the evidence. The moneys to be raised for the construction of the building were to be raised upon voluntary subscriptions. Little evidence is required to justify the conclusion that the ability to collect such subscriptions would be largely hazarded by a question raised as to the title by the…
2Cases cited2 opinions
- Towle v. . RemsenNew York Court of Appeals · 1877
- Rose v. . HawleyNew York Court of Appeals · 1894
3Cited by1 opinion
- Carlisle v. LadyCalifornia Court of Appeal · 1930