Legal Opinion · Dissent

Utica Trust & Deposit Co. v. Decker

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1926Published

1DissentDavis, J.

The trial court made findings of fact on evidence consisting of stipulated facts and exhibits. On these findings no conclusion can be reached other than that the judgment should be affirmed. The record indicates that the defendant Decker proposed no findings of fact and took no exceptions to those found. The findings made were satisfactory to him. He is aggrieved only by the first conclusion of law found by the trial court; and he has not asked that new findings be made here. Nevertheless, for the purpose of reversal new findings are being made. The authority given an appellate court to make…

2Cases cited19 opinions

  1. Etheridge v. SperrySupreme Court of the United States · 1891
  2. Zartman v. First National BankNew York Court of Appeals · 1907
  3. Boice v. Finance & Guaranty Corp.Supreme Court of Virginia · 1920
  4. Brackett v. . HarveyNew York Court of Appeals · 1883
  5. Edgell v. . HartNew York Court of Appeals · 1853

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