Livingston v. Keech
The Superior Court of New York City
Appeal from a judgment. The facts in the case, and the points decided, fully appear in the opinion of the court.
1Opinion of the Court
By the Court.—Sedgwick, J.
The motion by defendant’s counsel, to dismiss the complaint, was properly denied. Each of the grounds on which it was made involved a question of fact, and as to each enour evidence had been given to take the case to the j The position was not taken that there was an en. variance between the representations testified to am those alleged in the complaint. Therefore, such a position will not be now examined.
The defendant excepted to the admission by the court of testimony that the portion of the road mortgaged to secure the payment of the bonds in question had been…
2Cases cited7 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Varick & Bacon v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Atkins v. . ElwellNew York Court of Appeals · 1871
- Russell v. . ConnNew York Court of Appeals · 1859
- Lanergan v. . the PeopleNew York Court of Appeals · 1868
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