Foster v. Standard National Bank
Appellate Terms of the Supreme Court of New York
Appeal by defendant from affirmance by the City Court, General Term, of an order denying defendant’s motion to resettle case.
1Opinion of the CourtMcAdam, J.
There seems to he no substantial dispute as to the facts stated on behalf of the appellant to have occurred at the trial; yet.the trial judge struck them out of the proposed case and refused to reinstate them, on the sole ground that they did not appear in the stenographer’s minutes, from which he settled the case.
In Gleason v. Smith, 34 Hun, 547, the court said: “ No right can well he more substantial than that of- a party to a complete and accurate statement of the proceedings through which he asserts that he has been unlawfully defeated in his suit or his defense.” An order in that case…
Also in this document: Concurrence.
2Cases cited2 opinions
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
- Toner v. Mayor of New YorkNew York Supreme Court · 1876
3Cited by3 opinions
- Otto v. YoungAppellate Terms of the Supreme Court of New York · 1904
- Kamermann v. Eisner & Mendelson Co.City of New York Municipal Court · 1898
- McCready v. LindenbornNew York Supreme Court · 1898