Donovan v. Twist
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Salem Twist,'from an order of the County Court of Tompkins county, entered in the office-of -the clerk of said county on the 28th day of October, 1903, relieving the plaintiff from a stipulation made oraHy upon a former trial of the action. '
1Opinion of the Court
Cochrane, J.:
At.a trial of this action in September, 1902, after plaintiff had rested, he at the-request of defendant and, as he says, desiring to shorten the trial and relieve the defendant from calling witnesses, made the following concession': “ It is conceded, that the mortgagor William W. Smith died intestate about sixteen years,ago, leaving a wife, Ann Smith, and one daughter, Caroline Smith Essex, the • defendant’s Twist* grantor, as his only child and only heir at law, and that the mortgagor’s wife, Ann Smith, died about two years ago.”
Plaintiff recovered a-judgment which was…
2Cases cited3 opinions
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Donovan v. TwistAppellate Division of the Supreme Court of the State of New York · 1903
- Fortunato v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by6 opinions
- Goldstein v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1935
- Levy v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Rockaway Pacific Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1922
- Nasios v. ContompasisAppellate Division of the Supreme Court of the State of New York · 1932
- Coraci v. YurkinNew York Supreme Court · 1957
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