Ingersoll v. Cunningham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles D. Ingersoll and another, as executors of and trustees under the last will and testament of Delia A. Blanchard, deceased, from so much of a' judgment of the Supreme Court in favor of the defendants, James W. Cunningham and another, entered in the office of the clerk of the county of New York on the 6th day of April, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, as dismisses the.complaint as to…
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Appeal by the plaintiffs, Charles D. Ingersoll and another, as executors of and trustees under the last will and testament of Delia A. Blanchard, deceased, from so much of a' judgment of the Supreme Court in favor of the defendants, James W. Cunningham and another, entered in the office of the clerk of the county of New York on the 6th day of April, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, as dismisses the.complaint as to such defendants.
1Opinion of the Court
Laughlin, J.:
The evidence is not presented for review ás no case was made or settled. The appeal, therefore, merely presents the exceptions contained in the judgment roll. The appellants excepted to the.conclusions of law relating to the right of the respondents to have the complaint dismissed as not warranted by the facts found. .The precise point presented by the appeal is whether that part of the judgment from which the appeal is taken is warranted by the facts found by the trial court. The learned counsel for the appellants correctly states the rule that, on the review of this question,…
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- Delaney v. ValentineAppellate Division of the Supreme Court of the State of New York · 1896