Legal Opinion

Canda v. . Totten

New York Court of Appeals

Decided November 22, 1898PublishedCited by 46 opinions

Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered December 31, 1895, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial.

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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered December 31, 1895, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. This action was brought to compel the defendant to execute and deliver to the plaintiff a deed of conveyance of four lots of land, with houses thereon, in the city of Brooklyn, alleged to have been purchased by the defendant as the agent of the plaintiff. The facts, so far as material, are stated in the opinion. There…

1Opinion of the Court

Parker, Oh. J.

As the reversal of the Special Term was upon the law, and not upon the facts, we are to inquire whether under the most favorable view of the evidence upon which the Special Term based its judgment, it can be supported. Our conclusion is that the reversal was error, evidently due to the fact that the appellate tribunal did not so thoroughly appreciate, as did the Special Term, some portions of the evidence. The former court treated the case as if the plaintiff, having no interest in certain real estate about to be sold at public auction, made an arrangement with the defendant by…

2Cases cited3 opinions

  1. Ryan v. . DoxNew York Court of Appeals · 1866
  2. Levy v. . BrushNew York Court of Appeals · 1871
  3. Lathrop v. HoytNew York Supreme Court · 1849

3Cited by46 opinions

  1. Burns v. . McCormickNew York Court of Appeals · 1922
  2. Woolley v. . StewartNew York Court of Appeals · 1918
  3. McKinley v. . HessenNew York Court of Appeals · 1911
  4. Bristol v. WoodwardNew York Court of Appeals · 1929
  5. Shotwell v. . DixonNew York Court of Appeals · 1900

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