Moran v. . McLarty
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court or trial at Special Term.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court or trial at Special Term. (Reported below, 11 Hun, 66.) This action was brought to reform the assignment of a bond and mortgage executed by plaintiff’ to defendant, by striking therefrom a guaranty of payment of the bond and mortgage contained therein, upon the ground that the same was inserted by fraud or mistake. The facts appear sufficiently in the opinion. A decision of the court at Special Term on a matter of fact…
1Opinion of the CourtMiller, J.
The General Term reversed the judgment of the Special Term both upon the facts and the law and where a review of the facts by an appellate tribunal is proper, it is as a general rule its duty to pass upon the facts from the evidence. The rule that where there is conflcting evidence or any evidence to sustain the finding that it is error to reverse has no application in such a case. While proper allowance should be made in reviewing the facts, where the testimony is conflicting for the judgment of the trial court who saw and heard the witnesses testify while upon the stand, this is not…
2Cases cited2 opinions
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Godfrey v. . MoserNew York Court of Appeals · 1876
3Cited by17 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Abner M. Harper, Inc. v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1913
- Knight v. KitchinAppellate Division of the Supreme Court of the State of New York · 1933
- Devereux v. Sun Fire Office of LondonNew York Supreme Court · 1889
- Heert v. CrugerNew York Court of Common Pleas · 1895
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