Rena Peddie Crosley v. Superb Realty Co.
Supreme Court of New Jersey
On appeal from a decree of the court, of chancery advised by Vice-Chancellor Fielder, who rendered the following opinion orally: “I feel in this case, the burden of the proof being on the complainants in case of mistake alleged between the parties, the burden must be sustained by clear and convincing evidence.
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On appeal from a decree of the court, of chancery advised by Vice-Chancellor Fielder, who rendered the following opinion orally: “I feel in this case, the burden of the proof being on the complainants in case of mistake alleged between the parties, the burden must be sustained by clear and convincing evidence. I feel that the complainant has not sustained that burden of proof in tliis case, and that there is not sufficient in the testimony to justify me in reforming the instrument as prayed for by the complainants and I will therefore dismiss the bill.”
1Per curiam
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Fielder.
For ajjb'mmce — Ti-ie Chief-Justice, Swayze, Trenckard, Parker, Bergen, Minturn, Kaltsci-i, Black, Katzenbaci-i, Williams, Gardner, Aokerson, Van Buskirk — 13. For reversal — None.
2Cited by2 opinions
- Klaas v. Boston Insurance Co.New Jersey Court of Chancery · 1928
- Laytham v. MannNew Jersey Court of Chancery · 1936