Bradley v. . Aldrich
New York Court of Appeals
Appeal from a judgment of the Supreme Court, at General Term, in the sixth district, reversing a judgment for the plaintiff at Special Term, and dismissing the plaintiff’s complaint, with costs, without prejudice to the right of the plaintiff to bring an action for damages for fraud, if he shall be so advised.
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Appeal from a judgment of the Supreme Court, at General Term, in the sixth district, reversing a judgment for the plaintiff at Special Term, and dismissing the plaintiff’s complaint, with costs, without prejudice to the right of the plaintiff to bring an action for damages for fraud, if he shall be so advised. The complaint avers the making of an agreement by the plaintiff with the defendant, Aldrich, by which the plaintiff was to convey to the defendants (Aldrich & Stone) a farm of seventy-five acres in the town of Vestal, and to deliver to one or both of the defendants forty-four sheep; and…
1Opinion of the CourtWoodbuff, J.
The order and judgment of the Generar Term of the Supreme Court, whereby the judgment at Special Term was reversed, was entered in July, 1859. By the provisions of the Code, at that time in force, the questions whether of fact or of law arising upon the trial of an action by the court, could only be reviewed in the manner prescribed by the 268th section, to wit: “ The questions of law in every stage of the appeal; and the questions of fact upon the appeal to the General Term of the same court.”
It appears by the opinion assigning the reasons for the reversal of the judgment in this case, that…
2Cases cited2 opinions
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Barlow v. . ScottNew York Court of Appeals · 1861
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- Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
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