Storm v. . McGrover
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 26, 1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term; also appeal from an order of said Appellate Division, entered March 12, 1902, which reversed an interlocutory judgment'in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 26, 1906, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term; also appeal from an order of said Appellate Division, entered March 12, 1902, which reversed an interlocutory judgment'in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial in an action brought by the heirs of an incompetent person to have a trust impressed upon certain real property alleged…
1Opinion of the CourtGray, J.
I think that the reversal by the Appellate Division of the former judgment recovered by the plaintiffs, upon the law, was correct. The decision by the trial court that the committee of the lunatic paid the consideration for the cor veyance to herself of the land in question out of the moneys belonging to the lunatic was without evidence to support it. This constituted error of law, for which the judgment was properly reversed. The judgment upon this last trial has been unanimously affirmed by the Appellate Division and this court is precluded from reviewing the facts, upon which the court has…
2Cases cited3 opinions
- Lockman v. . ReillyNew York Court of Appeals · 1884
- Schierloh v. . SchierlohNew York Court of Appeals · 1895
- Reid v. FitchNew York Supreme Court · 1851
3Cited by4 opinions
- In re the Estate of HarbeckNew York Surrogate's Court · 1931
- In re the Estate of MorrellNew York Surrogate's Court · 1935
- McCarty v. DownesAppellate Division of the Supreme Court of the State of New York · 1914
- Leibowits v. LeibowitsAppellate Division of the Supreme Court of the State of New York · 1983