James v. Work
New York Supreme Court
Appeal from special term, New York county. Action by Edward 0. James against James Henry Work. From an order denying a motion for resettlement of the amended case on appeal, defendant appeals. Affirmed in part and reversed in part.
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Appeal from special term, New York county. Action by Edward 0. James against James Henry Work. From an order denying a motion for resettlement of the amended case on appeal, defendant appeals. Affirmed in part and reversed in part. The action was based on alleged fraudulent representations made between February, 1884, and May, 1884, by defendant, as to the solvency of the firm of Grant & Ward and the existence of certain contracts, by which plaintiff was induced to intrust to defendant large sums of money which he claims were lost by such deceit. Another action was brought by plaintiff…
1Per curiam
Appeals seeking to review the action of the trial judge in settling a case are not regarded with favor, and the decision of the trial judge is conclusive upon the appellate tribunal, except in cases where it is apparent that there has been upon the resettlement a denial of a substantial right. This view disposes of all the questions raised on this appeal, excepting two, relating to the 1st and 151st amendments, which were allowed, and which, on motion, the trial judge refused to strike out.
The first amendment refers to the preliminary statement which, by the rules, is required to be inserted…
2Cited by1 opinion
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