Jackson v. Andrews
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, reversing a judgment of Special Term and vacating and setting aside the verdict of a jury upon certain questions submitted to them under section 259 of the Code. The nature of the action and the facts pertinent to the question discussed appear in the opinion. An equitable action can only be tried by a jury when all the issues are so ordered to be tried.
Read the full summary
Appeal from order of the General Term of the City Court of Brooklyn, reversing a judgment of Special Term and vacating and setting aside the verdict of a jury upon certain questions submitted to them under section 259 of the Code. The nature of the action and the facts pertinent to the question discussed appear in the opinion. An equitable action can only be tried by a jury when all the issues are so ordered to be tried. (Vermilyea v. Palmer, 52 N. Y., 472.) The Special Term has a discretion to submit certain questions to a jury, and no appeal lies therefrom. (Wood v. Mayor, 4 Abb. [N. S.],…
1Opinion of the CourtGrover, J.
The action was brought by the plaintiff to reform a deed, and the record thereof, given by the plaintiff to the defendant, conveying by the former to the latter about seventy lots in the city of Brooklyn, by striking therefrom the covenants of warranty contained therein, upon the ground that, by the agreement of the parties, the right and interest *247of the plaintiff in said lots were to be conveyed without any warranty of the title, and that the covenants of warranty were inserted by the fraud of the defendant, or by mutual mistake, and, also, to reform the mortgage given by the defendant to…
2Cases cited1 opinion
- Marquat v. . MarquatNew York Court of Appeals · 1855
3Cited by1 opinion
- Mangam v. . the City of BrooklynNew York Court of Appeals · 1885