Stoddard v. . Whiting
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of defendant, entered upon the report of a referee. The action is brought by plaintiff, as assignee of Abiel Stoddard, to redeem certain real estate, alleged to have been conveyed to defendant, as security for the repayment of certain advances made and liabilities incurred by him. The facts are sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of defendant, entered upon the report of a referee. The action is brought by plaintiff, as assignee of Abiel Stoddard, to redeem certain real estate, alleged to have been conveyed to defendant, as security for the repayment of certain advances made and liabilities incurred by him. The facts are sufficiently set forth in the opinion. The contract of vendor with Abiel Stoddard, vested in the latter the equitable title whic-h the former held as trustee for him. (McKechnie…
1Opinion of the CourtG-boveb, J.
The counsel for the respondent insists, that as the case does not contain any of the evidence given upon the trial before the referee, but only the facts found by him, and his legal conclusions thereon, and the exceptions taken by the appellant to such legal conclusions, no question is presented that can be reviewed by this court, and cites in support of this position Chubbuck v. Vernam (42 N. Y., 432). In the syllabus of the reporter it is stated, that when the case contains none of the evidence, and only the findings of fact and conclusions of law of the referee, an exception to the…
2Cases cited6 opinions
- Case v. . CarrollNew York Court of Appeals · 1866
- Murray v. . WalkerNew York Court of Appeals · 1865
- McKechnie v. SterlingNew York Supreme Court · 1867
- Chubbuck v. . VernamNew York Court of Appeals · 1870
- Bissell v. MorganNew York Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Carr v. . CarrNew York Court of Appeals · 1873
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Odell v. . MontrossNew York Court of Appeals · 1877
- Pardee v. . TreatNew York Court of Appeals · 1880
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
42 more not listed; retrieve them via the Exa API.