Paine v. . Upton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made June 8, 1880, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at General Term.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made June 8, 1880, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at General Term. (Beported below, 21 Hun, 306.) This action was brought to obtain a deduction from the sum secured by a bond and mortgage given for a portion of the purchase-price of a farm, on the ground of a deficiency in, _ and mutual mistake as to the quantity of land. The facts are sufficiently stated in the opinion. Plaintiff was not entitled to equitable relief on the grdund of…
1Opinion of the Court
Andrews, Ch. J.
We are not left in this case to ascertain the facts from the evidence, or to determine whether the evidence supports the facts found by the trial judge.. The evidence is not contained in the record, and the case comes here on the findings alone. The facts, as found, are therefore conclusively settled, and the only question is whether, upon those facts, the plaintiff is entitled to relief. The defendants, other than Mary A. Upton and Alexander Pomeroy, were owners as tenants in common, of a farm in Monroe county, formerly owned by their father James. Upton, commonly known as his…
2Cases cited5 opinions
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