Elterman v. . Hyman
New York Court of Appeals
Appeal from a judgment of tlie Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on tidal at Special Term.
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Appeal from a judgment of tlie Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on tidal at Special Term. This action was brought to recover the amount paid upon a contract for the purchase of land as well as the amount incurred for expenses in examining the title and to establish and enforce a lien therefor upon the ground that the plaintiff was ready and willing to perform while the defendant was not because the title was unmarketable. The…
1Opinion of the CourtVann, J.
The learned Appellate Division ignored the inconsistencies between the facts found at the request of the plaintiff and those appearing in the decision directing judgment, upon the ground that no fact found, unless it appears in the formal decision, “ forms any part of the judgment roll, or can be considered for any purpose by the appellate court.’’ (Elterman v. Hyman, 117 App. Div. 519.) Since that decision was made we have held otherwise and the practice must now be regarded as settled that the facts found upon request, whether incorporated in the decision proper or not, are for the…
2Cases cited19 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Jennisons v. LeonardSupreme Court of the United States · 1875
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
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3Cited by109 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Rabouin v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1952
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Stokes v. . StokesNew York Court of Appeals · 1910
- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
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