Sharp v. Wright
New York Supreme Court
THIS action was trough to compel the repayment by the defendants, Wright and McDonald, to the plaintiff, of $1500, paid by him to them, and the cancellation of nine promissory notes made by him, and transferred to them, and for an injunction against their disposing of the notes. McDonald and Wright were the lowest bidders for the contract of building the Albany bridge. Sharp was the next lowest bidder.
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THIS action was trough to compel the repayment by the defendants, Wright and McDonald, to the plaintiff, of $1500, paid by him to them, and the cancellation of nine promissory notes made by him, and transferred to them, and for an injunction against their disposing of the notes. McDonald and Wright were the lowest bidders for the contract of building the Albany bridge. Sharp was the next lowest bidder. The plaintiff alleges that he agreed to give these defendants $1500, and his nine promissory notes, in consideration of their withdrawing their bid, and assisting him to obtain the contract;…
1Opinion of the CourtLeonard, J.
1. At the time this action was tried, in 1858, it was not necessary, on the trial of a question of 'fact by the court, that the decision should find the questions of fact and of law separately, in writing. It was sufficient if the decision found generally in favor of the plaintiff or defendant. (Johnson v. Whitlock, 3 Kern. 344. Otis v. Spencer, 16 N. Y. Rep. 610.)
A defect in the decision, in omitting to find any question of fact involved, is not at present the subject of review on appeal, but must be brought before a judge on motion to correct the decision, before the omission can be…
2Cases cited2 opinions
- Otis v. . SpencerNew York Court of Appeals · 1858
- Hulce v. ShermanNew York Supreme Court · 1856
3Cited by7 opinions
- Butler v. BohnSupreme Court of Minnesota · 1883
- Devlin v. . BradyNew York Court of Appeals · 1867
- Dressel v. HanserNew York Supreme Court · 1917
- Caristo Construction Corp. v. RubinNew York Supreme Court · 1961
- Wheeler v. WheelerNew York Supreme Court · 1872
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