Yeoman v. . McClenahan
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 24, 1906, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Proctor ivas the attorney, agent and adviser of the plaintiff.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 24, 1906, which reversed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Proctor ivas the attorney, agent and adviser of the plaintiff. Their relations were of trust and confidence and had been such for nearly twenty years last past. (Smith v. Kidd, 68 N. Y. 130.) There are no facts in the case to warrant the presumption…
1Opinion of the CourtO’Brien, J.
This Avas an action to foreclose a mortgage and the defense Avas a want of consideration. The trial court sustained the defense and dismissed the complaint upon findings of fact and law, Avhich precluded any other disposition of the case, but the learned Appellate Division reversed the judgment and granted a new trial, stating that the decision was upon the law and the facts. The statement that the reversal was upon the facts as well as the law has no effect upon this appeal, since it is very plain that there was no conflict in the evidence or any dispute about the facts and no opportunity to…
2Cases cited4 opinions
- Griggs v. . DayNew York Court of Appeals · 1899
- Buffalo & Lancaster Land Co. v. Bellevue Land & Improvement Co.New York Court of Appeals · 1901
- O'Brien v. . East River Bridge Co.New York Court of Appeals · 1900
- Henken v. . SchwickerNew York Court of Appeals · 1903
3Cited by6 opinions
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1915
- Donaldson v. KenegySupreme Court of Iowa · 1924
- Fatta v. EdgertonAppellate Division of the Supreme Court of the State of New York · 1911
- Johnstone v. HorowitzAppellate Division of the Supreme Court of the State of New York · 1910
- Behrmann v. SeybelAppellate Division of the Supreme Court of the State of New York · 1917
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