Hutchins v. . Hutchins
New York Court of Appeals
Appeal irom judgment oi me General Term of the Supreme Court, in the third judicial department, entered upon an order made September 5, 1882, which affirmed a judgment in favor of defendant, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Where a judge instructs the jury that they may find a verdict upon either of two distinct grounds, and the charge as to either is wrong, a general verdict cannot be sustained.
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Appeal irom judgment oi me General Term of the Supreme Court, in the third judicial department, entered upon an order made September 5, 1882, which affirmed a judgment in favor of defendant, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. Where a judge instructs the jury that they may find a verdict upon either of two distinct grounds, and the charge as to either is wrong, a general verdict cannot be sustained. (Booth v. B. & A. R. R., 67 N. » . Y. 593 ; Sayre v. Townsend, 15 Wend. 647.) A verdict tained for a cause of action, or upon a…
1Opinion of the CourtSapallo, J.
This was an action of ejectment to recover possession of certain lands which had been conveyed by the defendant by warranty deed, in fee, to Phineas Hutchins, since deceased, the husband of the plaintiff, and which were devised by him to the plaintiff in fee.
The plaintiff’s title is specially set forth in the complaint.
The answer of the defendant averred, in substance, that he was, at the time of the commencement of the action, the equitable owner, in fee-simple, of the premises described in the complaint, and that the deed to Phineas Hutchins was not intended to be a conveyance of the land,…
2Cases cited2 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
3Cited by29 opinions
- People v. MaerlingNew York Court of Appeals · 1978
- Herrmann v. JorgensonNew York Court of Appeals · 1934
- Wangner v. . GrimmNew York Court of Appeals · 1902
- State v. . PageSupreme Court of North Carolina · 1939
- Shepherd v. W. T. Mason Lumber Co.Supreme Court of North Carolina · 1914
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