Shaw v. . Broadbent
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 31, 1891, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The action on the attachment bond is no bar to tins action.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 31, 1891, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The action on the attachment bond is no bar to tins action. (People v. Dennison, 84 N. Y. 273; DeGraaf v. Wyckoff, 118 id. 1; Stowell v. Chamberlain, 60 id. 272; Sweet v. Tuttle, 14 id. 465.) The judgment in the action tried before the referee is not a bar to…
1Opinion of the Court
Ruger, Ch. J.
This action was brought in July, 1887, to enforce the specific performance of a parol contract made by the defendant in.1880 to convey land to plaintiff, and resulted in a judgment for the defendant, which was affirmed on appeal by the General Term. The evidence was not returned in the ease and the appeal was determined upon the findings of fact alone, and from these findings the case must be determined by this court.
The question is, what should have been the judgment of the court upon such facts, and it is our duty to order such a judgment as the findings of fact require. Among…
2Cases cited4 opinions
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Campbell v. . ConsalusNew York Court of Appeals · 1862
- Revere Copper Co. of Boston v. . DimockNew York Court of Appeals · 1882
- Mersereau v. . PearsallNew York Court of Appeals · 1859
3Cited by27 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- Silberstein v. . SilbersteinNew York Court of Appeals · 1916
- Board of Directors of Chicago Theo. Seminary v. People ex rel. RaymondIllinois Supreme Court · 1901
22 more not listed; retrieve them via the Exa API.