Holmes v. . Gilman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1892, which reversed a judgment in favor of plaintiff 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 first judicial department, entered upon an order made May 13, 1892, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. This is an appeal by the plaintiff from an order of the General Term of the Supreme Court of the first department, which reversed upon the facts as well as the law so much of a judgment entered upon the report of a referee as was in favor of the plaintiff, and granted a new trial of the issues involved before another referee. The action was brought…
1Opinion of the CourtPeckham, J.
It is stated in the order which reverses the judgment herein, that it is reversed upon questions of fact as well as of law. In such case it is the duty of this court to review the determination of the court below upon' both questions of fact and of law. (Code of C. P. § 1338.) A careful review of the case convinces us that the findings of fact made by the referee are amply sustained by the evidence and that the judgment should not be reversed on the facts. We are confirmed in the correctness of this vieAV upon a perusal of the opinions delivered by the learned judges at the General Term. We…
2Cases cited10 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Riddle v. WhitehillSupreme Court of the United States · 1890
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3Cited by109 opinions
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Karrick v. HannamanSupreme Court of the United States · 1897
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Truelsch v. MillerWisconsin Supreme Court · 1925
104 more not listed; retrieve them via the Exa API.