The Kingston Bank v. . Eltinge
New York Court of Appeals
Appeal from a judgment of the General Term of the third district, affirming a judgment for the defendant entered upon the decision of the court, on a trial without a jury. The action was for money paid under a mistake of fact.
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Appeal from a judgment of the General Term of the third district, affirming a judgment for the defendant entered upon the decision of the court, on a trial without a jury. The action was for money paid under a mistake of fact. The following are the facts as found by the judge: On the 30th of J anuary, 1854, the Huguenot Bank duly recovered three several judgments in the Supreme Court, viz: One against Nicholas Elmendorf, William Hasten and Marius Schoonmaker, for $2,659.29 ; one against N. Elmendorf and M. Schoonmaker, $2,661.00; and the other against Nicholas Elmendorf alone, $1,031.69;…
1Opinion of the Court
Hunt. Oh. J.
The judgment in this case was rendered upon a finding -of facts by the judge who tried the cause, without a jury. This judgment was affirmed by the General Term. In such case the Code provides, that the findings of fact, are conclusive upon us. Both parties in their briefs proceed upon the basis of the facts thus found, and the respondent expressly states, that the findings of the judge are fully sustained by the testimony. It is not competent, therefore, for the respondent to insist, as he does in his second point, that “ no part of the moneys paid to the Huguenot Bank, were…
2Cases cited8 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wheadon v. OldsNew York Supreme Court · 1838
- Barker v. . BinningerNew York Court of Appeals · 1856
- Burr v. VeederNew York Supreme Court · 1829
- Rheel v. . HicksNew York Court of Appeals · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Clarke v. LarremoreSupreme Court of the United States · 1902
- Clarke v. LarremoreSupreme Court of the United States · 1903
- United States v. National Exchange Bank of ProvidenceSupreme Court of the United States · 1909
- Ball v. . ShepardNew York Court of Appeals · 1911
- White v. . Continental National BankNew York Court of Appeals · 1876
60 more not listed; retrieve them via the Exa API.