Hammond v. . Morgan
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, made May 15, 1885, which affirmed an order of Special Term, to. set aside a judgment herein in favor of plaintiff and the order upon which it was entered as irregular and unauthorized. The nature of the action and the material facts are stated in the opinion. An action at law is still triable by a jury while one in equity is triable by the court.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, made May 15, 1885, which affirmed an order of Special Term, to. set aside a judgment herein in favor of plaintiff and the order upon which it was entered as irregular and unauthorized. The nature of the action and the material facts are stated in the opinion. An action at law is still triable by a jury while one in equity is triable by the court. Damages are given in the former, specific relief in the latter. (Reubens v. Joil, 13 N. Y. 488.) The facts to entitle a party to specific relief must, under the…
1Opinion of the CourtEarl, J.
The plaintiff in his complaint alleges that on the 13th day of May, 1882, he delivered to the defendant a certain written assignment dated in the month of April of that year, and executed by the defendant and Jane Matthews as executors of Mason J. Matthews, deceased, whereby they conveyed to him all the interest of the deceased in certain letters-patent and licenses under an assignment of letters-patent, and also all the interest in any claim which the defendant and Jane Matthews, either by themselves or as executors, or jointly with the defendant and John Nichol had or might have against the…
2Cited by25 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Acker v. . LelandNew York Court of Appeals · 1888
- Conklin v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1899
- McLain v. Mathushek Piano Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- New York & Brooklyn Brewing Co. v. AngeloAppellate Division of the Supreme Court of the State of New York · 1911
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