Legal Opinion

Whitman v. . Foley

New York Court of Appeals

Decided February 24, 1891PublishedCited by 16 opinions

Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 1, 1889. which reversed a judgment in favor of defendants entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Questions of law only are or can be here for review. (Code Civ.

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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 1, 1889. which reversed a judgment in favor of defendants entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Questions of law only are or can be here for review. (Code Civ. Pro. §§ 993, 1337, 1338.) An appellate court will not set aside or reverse the findings of a trial court on a question of fact unless manifestly •against or contrary to evidence. (Sherwood v. Hauser, 94 N. Y. 626; Von Wien…

1Opinion of the CourtGray, J.

The plaintiff brought tins action for a foreclosure of two mortgages, alleging a certain indebtedness to be due upon the bonds for principal and interest. These appellants. answered, alleging that the sums mentioned in the complaint were not due nor unpaid, and that sums were paid thereon, the times -of payment and the amounts these defendants are not now able to state.”

The form of their pleading is open to the respondent’s criti•cism, and it is both inartistic and loose; but it cannot be taken as containing any admission of the plaintiff’s allegations as to the amount due from the…

2Cases cited3 opinions

  1. Nearpass v. . GilmanNew York Court of Appeals · 1887
  2. Smith v. . PetteeNew York Court of Appeals · 1877
  3. Cowing v. . AltmanNew York Court of Appeals · 1879

3Cited by16 opinions

  1. Stiles v. BreedSupreme Court of Iowa · 1911
  2. Haynes v. TrentonSupreme Court of Missouri · 1894
  3. Rapuzzi v. StetsonAppellate Division of the Supreme Court of the State of New York · 1914
  4. McCluskey v. National Life Ass'nNew York Supreme Court · 1894
  5. Griggs v. Renault Selling Branch, Inc.Appellate Division of the Supreme Court of the State of New York · 1917

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