Husted v. . Van Ness
New York Court of Appeals
Appeal from a judgment and an order of the Appellate Division of the Supreme Court in the first judicial department, entered in February, 1896, modifying a judgment of Special Term in favor of plaintiff as against the defendant Van Yess and reversing the judgment as against the defendant Thomson as trustee, and granting a new trial as to him. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment and an order of the Appellate Division of the Supreme Court in the first judicial department, entered in February, 1896, modifying a judgment of Special Term in favor of plaintiff as against the defendant Van Yess and reversing the judgment as against the defendant Thomson as trustee, and granting a new trial as to him. The nature of the action and the facts, so far as material, are stated in the opinion. On the facts found by the trial court, the judgment given was eminently proper. (Goldsmith v. Goldsmith, 145 N. Y. 313; Code Civ. Pro. § 1338; Parker v. Day, 155 N. Y.…
1Opinion of the Court
Parker, Ch. J.
The opening sentence of the appellant’s brief expresses, as well probably as it is possible to do so, the object of this action, which he says “was brought by the plaintiff to obtain relief in respect to a certain paper writing which the defendant Edward Nan Ness, the then attorney and counsel for Augustus Oruikshank, the then trustee of the Lord estate, prepared and procured the plaintiff to execute in his office.” The paper referred to was a release by which the plaintiff Husted undertook to release an undivided one-half of his one-eleventh interest in the estate of said…
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