Wurster v. Armfield
Appellate Division of the Supreme Court of the State of New York
Appeal by Augusta D. Armfield, individually, and as the person named as executrix of and trustee under a paper purporting to be the last will and testament of William W. Armfield, deceased, one of the defendants in the above-entitled action, as revived, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the cleric of the county of Kings on the 26th day of May, 1904, denying the said defendant’s motion for an order directing…
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Appeal by Augusta D. Armfield, individually, and as the person named as executrix of and trustee under a paper purporting to be the last will and testament of William W. Armfield, deceased, one of the defendants in the above-entitled action, as revived, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the cleric of the county of Kings on the 26th day of May, 1904, denying the said defendant’s motion for an order directing the trial by jury of specific questions of fact involved in the issues in the action.
1Opinion of the Court
Woodward, J.:
The plaintiffs bring this action to compel William W. Armfield to execute a lease of three certain lots at a yearly rental of $575 for a term of ten years, in accordance with an appraisal made by the appraisers provided for in a certain lease contract. The action has been once tried, resulting.in a judgment in favor of the plaintiffs, which was subsequently affirmed by this court (67 App. Div. 158). Later, upon appeal to the Court of Appeals, this judgment was reversed (175 N. Y. 261) on the ground that the Special Term had erred in refusing to admit evidence in support of the…
2Cases cited5 opinions
- Wurster v. . ArmfieldNew York Court of Appeals · 1903
- McClave v. . GibbNew York Court of Appeals · 1898
- Magnolia Metal Co. v. DrewAppellate Division of the Supreme Court of the State of New York · 1902
- Sheldon v. Fidelity Trust & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Wurster v. ArmfieldAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Jewell v. Exchange National BankAppellate Division of the Supreme Court of the State of New York · 1942