Patterson v. Patterson
The Superior Court of New York City
Appeal by the defendant from a judgment in the plaintiff’s favor, entered upon the report of Mubbay Hoffman, Esq., referee, before whom the issues in the action were tried. The complaint alleged, in substance, that on the 9th of November, 1853, the plaintiff, William, was .seized of the legal title, and was owner and in possession of premises in the city of New York, known as 313, 315 and 317 Bleecker street.
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Appeal by the defendant from a judgment in the plaintiff’s favor, entered upon the report of Mubbay Hoffman, Esq., referee, before whom the issues in the action were tried. The complaint alleged, in substance, that on the 9th of November, 1853, the plaintiff, William, was .seized of the legal title, and was owner and in possession of premises in the city of New York, known as 313, 315 and 317 Bleecker street. That his. son, the defendant, William G-. Patterson, to whom, by reason of his own ill health, the management of his business had been intrusted, fraudulently procured the premises to be…
1Opinion of the Court
By the Court.*—Robertson, J.
Although no exception was taken to the report of the referee upon the ground that the cause of action as found was not that set forth in the complaint, which seems to be necessary in some cases (Belknap v. Seely, 14 N. Y. [4 Kern.], 143 ; Parsons v. Suydam, 3 E. D. Smith, 280); yet the objection was distinctly taken on the motion to dismiss the complaint, after the plaintiff’s evidence had been introduced, that he had not established his cause of action, and, as will presently be seen, all subsequent evidence was admitted for another purpose,—that of taking an…
2Cases cited2 opinions
- Walter v. . BennettNew York Court of Appeals · 1857
- Texier v. GouinThe Superior Court of New York City · 1856
3Cited by2 opinions
- The Grotius, Sheafe, MasterSupreme Court of the United States · 1814
- Murray v. JonesCity of New York Municipal Court · 1888