Inglehart v. . Thousand Island Hotel Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, made April 20, 1886, which reversed a judgment in favor of defendants, entered upon the report of a referee, and granted a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, made April 20, 1886, which reversed a judgment in favor of defendants, entered upon the report of a referee, and granted a new trial. This action was brought by plaintiffs, as judgment-creditors of defendant, the Thousand Island Hotel Company, to set aside an order of affirmance of a judgment, in an action to enforce a mechanic’s lien upon the real estate of said company, the judgment entered on said order, a sale under the judgment and the sheriff’s deed, to restore the lien of plaintiffs’…
1Opinion of the CourtFinch, J.
There is a difficulty in maintaining the decision of the General Term which we are unable to overcome. The foundation of the plaintiff’s right of action, treated as a creditor’s bill, is fraud. If that be absent, he has no ground of complaint. The trial court did not assert its existence, and when requested to do so, first as matter of fact and next as matter of law, refused the request as to each. The General Term reversed the judgment, but since its order does not declare that such reversal was upon the facts, we must assume that it was for error in law. (Code Civil Pro., §§ 1337,1338; Kane…
2Cases cited2 opinions
- Kane v. . CortesyNew York Court of Appeals · 1885
- Van Tassel v. . WoodNew York Court of Appeals · 1879
3Cited by7 opinions
- Higgins v. LansinghIllinois Supreme Court · 1895
- Glenwood Manufacturing Co. v. SymeWisconsin Supreme Court · 1901
- Wabash Railway Co. v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1925
- Shay v. AbdellaNew York Supreme Court · 1927
- Wiley v. ReaserWest Virginia Supreme Court · 1920
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