Wright v. Douglass
New York Supreme Court
This cause, as it was presented when it first came before the court, is reported in 3 Barb. Sup. C. Rep. 556, with the judgment of the court thereon. That judgment having been reversed, and a new trial granted by the court of appeals, (see 2 Comst. 373,) a new trial was had at the Oswego circuit in February, 1850, before Gridley, justice. The facts appearing upon the second trial, will be found stated in the opinion of the court.
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This cause, as it was presented when it first came before the court, is reported in 3 Barb. Sup. C. Rep. 556, with the judgment of the court thereon. That judgment having been reversed, and a new trial granted by the court of appeals, (see 2 Comst. 373,) a new trial was had at the Oswego circuit in February, 1850, before Gridley, justice. The facts appearing upon the second trial, will be found stated in the opinion of the court. A verdict was taken for the plaintiff by consent, subject to the opinion of this court, upon a case, with liberty to either party to turn the case into a special…
1Opinion of the Court
By the Court, Gridley, P. J.
When this cause was before the court, at a former term, we assumed, without any very distinct evidence of the fact, that the deed of the premises, executed by Eben J. Dennis to Amasa Dana, dated on the 4th of December, 1839, was delivered to the grantee and accepted by *100him, with the knowledge and assent of the Towanda Bank, the entire consideration for the deed having been advanced by that corporation. Acting on this assumption, wo regarded the whole interest in the premises, legal and equitable, as vesting in Mr. Dana, by virtue of the 51st section of the statute…
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