Davis Sewing-Machine Co. v. Best
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by the Davis Sewing-Machine Company of Watertown, H. Y., against William J. Best, as receiver of the national Trust Company of the City of Hew York, to recover possession of certain coupon bonds. The case was tried by the court, a jury having been waived. The court found that defendant wrongfully refused to deliver the bonds to plaintiff, and to its agent sent to demand possession of the same before the action was brought.
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Appeal from circuit court, Jefferson county. Action by the Davis Sewing-Machine Company of Watertown, H. Y., against William J. Best, as receiver of the national Trust Company of the City of Hew York, to recover possession of certain coupon bonds. The case was tried by the court, a jury having been waived. The court found that defendant wrongfully refused to deliver the bonds to plaintiff, and to its agent sent to demand possession of the same before the action was brought. It was not certified that the case contained all the evidence. Defendant appeals.. For opinion of the court of appeals,…
1Opinion of the CourtHardin, P. J.
Because the case does not show that it contains all the evidence, or all bearing upon the findings of fact sought tobe reviewed, we must *511assume that the evidence was sufficient to sustain the findings of fact. Porter v. Smith, 35 Hun, 119, affirmed, 107 N. Y. 531, 14 N. E. Rep. 446. In that case we said, viz.: “It is apparent that an appellate court cannot intelligently consider a question of fact unless all of the evidence bearing upon it is before the court; and where a question of fact is sought to be reviewed it should be stated in the case that it contains all of the evidence, or all…
2Cases cited7 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Porter v. . SmithNew York Court of Appeals · 1887
- Bennett v. Lockwood & CarterNew York Supreme Court · 1838
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- McDonald v. NorthNew York Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Goodrich v. GilliesNew York Supreme Court · 1891
- Brown v. WakemanNew York Court of Common Pleas · 1892
- McEntyre v. TuckerNew York Court of Common Pleas · 1893
- Cook v. GrossAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.