Presbyterian Society v. . Beach
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint, and affirming an order denying a motion for a new trial. (Mem. of decision below, 8 Hun, 644.) This action was brought to enforce a subscription.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint, and affirming an order denying a motion for a new trial. (Mem. of decision below, 8 Hun, 644.) This action was brought to enforce a subscription. Defendant, with others, signed the following subscription paper, the sum of $250 being set opposite his name : “We, the undersigned subscribers, believing that the erection of a church edifice in the village of Knoxboro is requisite for the promotion of…
1Opinion of the CourtFolger, J.
From the manner in which the case was disposed of at the circuit, it is not easy to determine just what are the facts upon which it appears before this court. This difficulty seems to have pressed upon the learned General Term also. But it took a view of that matter different from that which we adopt, and this difference it is which has led that court to one result and this to a different one. A verdict was directed at circuit for the plaintiff. There was no exception made to this by the defendant, and, of course, not by the plaintiff. This was done after offers of testimony by the plaintiff,…
2Cited by15 opinions
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- In re the Estate of LipskyNew York Surrogate's Court · 1965
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