Westerlo v. . De Witt
New York Court of Appeals
•.This was an action brought by. the Appellant .-to compel tbe return of a certificate of deposit of $1,500, or the value of the same, delivered by the Plaintiff to the Defendant, under ■ an alleged misapprehension of her rights, and in reliance upon his professional advice. The referee found for the Plaintiff .the amount of her claim. ■ The General- Term of the First District reversed .the judgment, on questions of fact, and ordered a new trial..
Read the full summary
•.This was an action brought by. the Appellant .-to compel tbe return of a certificate of deposit of $1,500, or the value of the same, delivered by the Plaintiff to the Defendant, under ■ an alleged misapprehension of her rights, and in reliance upon his professional advice. The referee found for the Plaintiff .the amount of her claim. ■ The General- Term of the First District reversed .the judgment, on questions of fact, and ordered a new trial.. The Plaintiff appeals from.this order* stipulating that if the same-is .affirmed, judgment absolute may be .rendered-against her. . The referee…
1Opinion of the CourtHunt, J.
The general disposition of the Courts is to sustain the referee in his finding of facts. By section 272 of the Code, power is given to the G-eneral Term to review the finding of a referee, and in case of reversal upon the facts, the question whether the judgment should have been reversed, either upon questions of fact or of law, shall be open to review in this Court. In examining the evidence a majority of the judges of the Supreme Court took a different view of the facts and of the law from that taken by the referee, while a minority concurred with him in both respects. The question is now…
2Cases cited2 opinions
- Ball v. . LoomisNew York Court of Appeals · 1864
- Petersen v. . RawsonNew York Court of Appeals · 1866
3Cited by57 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Basket v. HassellSupreme Court of the United States · 1883
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Grymes v. . HoneNew York Court of Appeals · 1872
- Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
52 more not listed; retrieve them via the Exa API.