Lafrinz v. . Whitney
New York Court of Appeals
■ Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1921, in favor of plaintiff upon the submission of a controversy' under section 1279 of the Code of Civil Procedure. The opinion of the Appellate Division discloses that the facts set forth in. the submitted case were regarded by the court as merely evidentiary.
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■ Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1921, in favor of plaintiff upon the submission of a controversy' under section 1279 of the Code of Civil Procedure. The opinion of the Appellate Division discloses that the facts set forth in. the submitted case were regarded by the court as merely evidentiary. As the court drew inferences and coif - elusions of fa'ct, its judgment should be reversed. (People v. Hewson, 224 N. Y. 136; Cerf v. Diener, 210 N. Y. 156; Marx v. Brogan, 188 N. Y. 431; Clark v. Wise, 46 N.…
1Opinion of the CourtMcLaughlin, J.
This appeal is from a judgment of the Appellate Division, first department, one of the justices dissenting, in favor of the plaintiff, entered upon the submission of a controversy on an agreed statement of facts pursuant to sections 1279-1281 of the Code of Civil Procedure.
On the 27th of June, 1917, Oliver H. Payne died, leaving a last will and testament which was duly admitted to probate and letters testamentary issued to the executors therein named. The question presented by the submission, and now by the appeal from the judgment of the Appellate Division entered thereon, involves the con…
2Cases cited6 opinions
- Woodward v. MurrayNew York Supreme Court · 1820
- Marx v. . BroganNew York Court of Appeals · 1907
- Cerf v. . DienerNew York Court of Appeals · 1914
- People v. TaitIllinois Supreme Court · 1913
- Frazer v. WeldMassachusetts Supreme Judicial Court · 1901
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3Cited by18 opinions
- In re the Estate of WinburnNew York Surrogate's Court · 1931
- Shalita v. American Motorists InsuranceAppellate Division of the Supreme Court of the State of New York · 1943
- Catto v. PlantSupreme Court of Connecticut · 1927
- Feist v. Fifth Avenue BankNew York Court of Appeals · 1939
- Morrissey v. New York State Employees' Retirement SystemNew York Court of Appeals · 1949
13 more not listed; retrieve them via the Exa API.