Wahl v. . Barnum
New York Court of Appeals
Appeal (pursuant to section 190, subdivision 2, Code of Civil Procedure) from an order of the General Term of the Superior Court of Buffalo, made July 12, 1886, which denied a motion for a new trial (made pursuant to section 1001), and affirmed an interlocutory judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury.
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Appeal (pursuant to section 190, subdivision 2, Code of Civil Procedure) from an order of the General Term of the Superior Court of Buffalo, made July 12, 1886, which denied a motion for a new trial (made pursuant to section 1001), and affirmed an interlocutory judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. For many years prior to June, 1879, the defendants Stephen O. Barnum and Theodore D. Barnum were partners and merchants at Buffalo, E. Y., under the firm name of S. O. Barnum & Son. Stephen O. Barnum owned a three-fourths .and Theodore D.…
1Opinion of the Court
Follett, Ch. J.
The order of the General Term denying the motion for a new trial made under section 1001, Code of Civil Procedure, is reviewable by this court. (Walker v. Spencer, 86 N. Y. 162; Raynor v. Raynor, 94 id. 248.) But the General Term could not, on such a motion, review questions of fact, and only the questions of law presented by the exceptions can be considered in this court. (Raynor v. Raynor, 94 N. Y. 248, 252.)
In the absence of fraud or duress, a settlement of a dispxxted claim preferred in good faith by a promisee against a promisor, is a legal consideration for a promise;…
2Cases cited8 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Crans v. . HunterNew York Court of Appeals · 1863
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
- National Bank v. . Van DerwerkerNew York Court of Appeals · 1878
- Raynor v. . RaynorNew York Court of Appeals · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Cohen v. Bartgis Bros.Appellate Division of the Supreme Court of the State of New York · 1942
- Nancy Ebker, Cross-Appellee v. Tan Jay International, Ltd. And Peter J. Nygard, Tan Jay International, Ltd., Cross-AppellantCourt of Appeals for the Second Circuit · 1984
71 more not listed; retrieve them via the Exa API.