Keyes v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department; entered May 28, 1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department; entered May 28, 1904, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by 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 dismissal of the complaint was equivalent to a nonsuit, and if there was any evidence tending to sustain the alleged cause of action it was error to dismiss it. (Forbes v. Chichester, 125 N. Y. 769; Raabe v. Squier, 148 N. Y. 81.)
1Opinion of the CourtGray, J.
The action was brought to reform .a written instrument, which had been executed by the defendants and one Henry 0. Munn, upon the ground of the “ mutual mistake of the parties thereto,” and because of the “ false and fraudulent statement ” made by the defendant Smith to said Munn. The instrument assigned absolutely to Smith certain policies of insurance and the complaint alleged that the assignment was, really, intended as collateral security for the repayment of certain advances. The record of the trial shows that, upon the conclusion of the plaintiff’s case, the defendant moved for the…
2Cases cited2 opinions
- Commercial Bank v. . SherwoodNew York Court of Appeals · 1900
- Woodbridge v. First National BankNew York Court of Appeals · 1901
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- Ten Eyck v. LombardNew York Supreme Court · 1937
- Staley v. MurrayAppellate Division of the Supreme Court of the State of New York · 1915
- Hulse v. WestNew York Supreme Court · 1924