Schoener v. . Lissauer
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the fourth judicial department made April 2, 1885, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted anew trial. (Reported helow 36 Hun, 100.) The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme-Court in the fourth judicial department made April 2, 1885, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted anew trial. (Reported helow 36 Hun, 100.) The nature of the action and the material facts are stated in the opinion. Where one induces another to enter into a contract and part with his property, either by duress or imprisonment, or duress per mimas the transaction is voidable. (Foshay v. Ferguson, 5 Hill, 154; Osborne v. Robbins, 36 N. Y. 365; Williams v.…
1Opinion of the CourtRapallo, J.
■ The order of reversal in this case does not ■state that the judgment rendered at Special Term was reversed upon any question of fact. Error of law must, therefore, be ¡shown to sustain the order of reversal
The court at General Term, while conceding that the facts found were in other respects sufficient to authorize the judgment, place their reversal wholly upon the ground that the action was barred by the statute of limitations. This is the only error of law assigned, and none other is disclosed by the case.
The action was brought by the heirs-at-law of Mrs. Babet Marx, deceased, to procure…
2Cases cited3 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Haynes v. . RuddNew York Court of Appeals · 1886
- Solinger v. . EarleNew York Court of Appeals · 1880
3Cited by28 opinions
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Colby v. Title Insurance & Trust Co.California Supreme Court · 1911
- Cooper v. RheaSupreme Court of Kansas · 1910
- Lewis v. City of LockportNew York Court of Appeals · 1938
- Meier v. KellyOregon Supreme Court · 1892
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