Brewster v. . Wooster
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made March 7, 1890, which overruled plaintiff’s exceptions and ordered judgment in favor of defendant to be entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made March 7, 1890, which overruled plaintiff’s exceptions and ordered judgment in favor of defendant to be entered upon a decision of the court on trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. To determine whether a nonsuit is properly granted the court must construe the evidence most strongly against the defendant. (Audubon v. E. Ins. Co., 27 N. Y. 216; Forbes v. Chichester, 125 id. 769; Labar v. Koplin, 4 id. 547;…
1Per curiam
We deem it unnecessary to refer in detail to the complicated transactions disclosed by the evidence.
The plaintiff in his complaint, sought to recover of the defendant the value of certain real estate and chattels transferred by him to, the defendant in part performance of a contract for the purchase by the plaintiff and two other persons, from the defendant, of a certain stock of goods and certain machinery owned by the latter,valued in the contract at $44,000.
The judge on the trial dismissed the complaint on the ground that the action was based on a rescission of the contract by the…
2Cases cited2 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Graves v. . WhiteNew York Court of Appeals · 1882
3Cited by10 opinions
- Barber-Greene Co. v. M. F. Dollard, Jr., Inc.Appellate Division of the Supreme Court of the State of New York · 1934
- Hollister v. SimonsonAppellate Division of the Supreme Court of the State of New York · 1899
- Smead v. LampherSupreme Court of Vermont · 1913
- O'Dwyer v. SmithAppellate Terms of the Supreme Court of New York · 1902
- American Soda Fountain Co. v. Dean Drug Co.Supreme Court of Iowa · 1907
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