Palmer v. . Davis
New York Court of Appeals
Appeal from a judgment of the Supreme Court affirming a judgment entered upon the decision and' report of a referee. The action was to recover the amount of an award to the plaintiff Mrs. Palmer. The award was made pursuant to a submission reciting that Joseph Palmer and Nancy E. Palmer his wife, or one of them, claimed an interest in the Huestis farm, or the proceeds thereof, which claim was denied by Davis and Gilbert.
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Appeal from a judgment of the Supreme Court affirming a judgment entered upon the decision and' report of a referee. The action was to recover the amount of an award to the plaintiff Mrs. Palmer. The award was made pursuant to a submission reciting that Joseph Palmer and Nancy E. Palmer his wife, or one of them, claimed an interest in the Huestis farm, or the proceeds thereof, which claim was denied by Davis and Gilbert. Therefore, to avoid litigation and come to an early settlement and determination of such claim, and of all amounts and demands whatever in relation to such purchase and sale,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The evidence upon the trial was brief, though the exceptions in the case are very numerous, some of which it is very difficult to understand. I shall notice but few of them.
The action was to recover the sum awarded to Mrs. Palmer. The motion to dismiss the complaint or nonsuit the plaintiffs, on the objections that the action should have been in her name alone, and that she should have sued by next friend, was properly overruled. When this action was commenced,…
2Cases cited3 opinions
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Peabody v. Washington County Mutual-InsuranceNew York Supreme Court · 1855
- Rumsey v. LeekNew York Supreme Court · 1830
3Cited by25 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Normile v. Wheeling Traction Co.West Virginia Supreme Court · 1905
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Shanahan v. City of MadisonWisconsin Supreme Court · 1883
- Potter v. . ElliceNew York Court of Appeals · 1872
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