Beman v. . Todd
New York Court of Appeals
Appeal from certain provisions of an order of the General Term of the Supreme Court in. the first judicial department, made the first Monday of October, 1886, which reversed a judgment in favor of defendant entered upon the report of a referee, and granted a new trial. The portion of the order appealed from is set forth in the opinion. The General Term reversed wholly the judgment of the Special Term.
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Appeal from certain provisions of an order of the General Term of the Supreme Court in. the first judicial department, made the first Monday of October, 1886, which reversed a judgment in favor of defendant entered upon the report of a referee, and granted a new trial. The portion of the order appealed from is set forth in the opinion. The General Term reversed wholly the judgment of the Special Term. This entirely exhausted the power of the court, éxcept the order for a new trial, which necessarily followed. (Code Civ. Pro. § 1317; Gracie v. Freeland,, 1 N. Y. 234.) The General Term cannot…
1Opinion of the Court
Follett, Ch. J.
This action was brought to charge a lot on Twenty-seventh street, two lots on Forty-first street and one lot on Broadway in the city of Hew York with the payment of $40,000, or so much as should be found due the plaintiff on an accounting, alleged to have been wrongfully invested by the defendant in those pieces of real estate. ■ The action was tried before a referee, who made a report directing that the complaint be dismissed on the merits, with costs, on which a judgment was entered, which was reversed by the General Term and a new trial granted, costs to abide the event, for…
2Cases cited2 opinions
- Mills v. . BlissNew York Court of Appeals · 1873
- Niebuhr v. SchreyerNew York Court of Common Pleas · 1886
3Cited by22 opinions
- Interboro Operating Corp. v. Commonwealth Security & Mortgage Corp.New York Court of Appeals · 1935
- M. Lindheim & Co. v. Central National Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Joslyn v. SchwendSupreme Court of Minnesota · 1903
- Behrens v. SturgesAppellate Division of the Supreme Court of the State of New York · 1907
- Keating v. HammersteinAppellate Division of the Supreme Court of the State of New York · 1921
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