Draper v. . Stouvenel
New York Court of Appeals
This action was brought by the Plaintiff against the Defendant’s testator, to restrain him from prosecuting the Plaintiff for the recovery of rent claimed by the testator to be due upon two leases of certain real estate in Broadway, in the city of New York, given by the testator and others to one Earle, and by the latter assigned to the Plaintiff; also to reform a chattel mortgage* given by the Plaintiff to Earle, and by him assigned to the testator, and an agreement…
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This action was brought by the Plaintiff against the Defendant’s testator, to restrain him from prosecuting the Plaintiff for the recovery of rent claimed by the testator to be due upon two leases of certain real estate in Broadway, in the city of New York, given by the testator and others to one Earle, and by the latter assigned to the Plaintiff; also to reform a chattel mortgage* given by the Plaintiff to Earle, and by him assigned to the testator, and an agreement accompanying the same so as to conform said instruments to the real agreement between the parties; and also to compel the…
1Opinion of the CourtGrover, J.
The facts found by the Judge at Special Term warrant the legal conclusions deduced, and the judgment ordered. These facts are not open to review in this Court, where there is any evidence sustaining the finding, unless it appears from the order directing a new trial that it was granted upon questions of fact and law. That does not appear in the order ill the present case.
This Court can therefore only examine the case for the purpose of determining whether the Defendant’s testator was entitled to a new trial by reason of any legal error committed upon the trial at Special Term to his…
2Cases cited1 opinion
- Farrington v. PayneNew York Supreme Court · 1818
3Cited by9 opinions
- Austin v. . the New Jersey Steamboat Co.New York Court of Appeals · 1870
- Stern v. RichesWisconsin Supreme Court · 1901
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1890
- Sheldon v. . SheldonNew York Court of Appeals · 1873
- Consolidated Fruit-Jar Co. v. WisnerAppellate Division of the Supreme Court of the State of New York · 1899
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