Long v. . Long
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. This action was brought upon a bond. given by Duncan MacIntyre, as special guardian for the plaintiff, then an infant, in proceedings instituted in the Supreme Court for the sale of plaintiff’s real estate, such bond being executed by MacIntyre as principal, and William Long, defendant, and George W. Boot as sureties. The facts, so far as…
1Opinion of the CourtO’Brien, J.
The General Term has reversed the judgment entered upon the report of the referee in favor of the plaintiff in this case. It does not appear that the reversal was upon the facts, and we must, therefore, assume that the decision was upon the law, applied to the facts settled by the report of the referee. The judgment was based upon facts as to which there was really no controversy. In December, 1866, Holloway Long, the plaintiff’s grandfather, died, leaving a will which was duly admitted to probate. He devised to the plaintiff and his sister, children of his deceased son, as tenants in common,…
2Cases cited2 opinions
- Hogan v. . KavanaughNew York Court of Appeals · 1893
- Brown v. . SnellNew York Court of Appeals · 1874
3Cited by14 opinions
- Duck v. McGrathAppellate Division of the Supreme Court of the State of New York · 1914
- Black v. ElliottSupreme Court of Kansas · 1901
- Otto v. . Van RiperNew York Court of Appeals · 1900
- Personeni v. . GoodaleNew York Court of Appeals · 1910
- United States Fidelity & Guaranty Co. v. NashWyoming Supreme Court · 1912
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