Baird v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the"Appellate Division of the Supreme Court in the fourth judicial department, entered January 2, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mistake found by the court was one of law, which equity will not relieve. (Greene v. Smith, 160 N. Y. 533; W. U. Tel. Co. v. Shepard, 49 App.
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Appeal from a judgment of the"Appellate Division of the Supreme Court in the fourth judicial department, entered January 2, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The mistake found by the court was one of law, which equity will not relieve. (Greene v. Smith, 160 N. Y. 533; W. U. Tel. Co. v. Shepard, 49 App. Div. 345; Trotter v. Brevoort, 60 App. Div. 562; Sibert v. McAvoy, 15 Ill. 106; Atherton v. Roche, 192 Ill. 252; Tilton v.…
1Opinion of the CourtWerner, J.
This is an action for the reformation of a written instrument and for the recovery of damages for the breach of its terms as reformed. Upon the facts as found by the trial court and affirmed by the Appellate Division, the area of debatable questions in this court is circumscribed by rules that are now too familiar for discussion. . The courts below have very fully discussed the case in their elaborate opinions and we can add but little to what has been said.
The subject of the action is a contract consisting of two parts. The first part is the so-called right of way agreement, whereby the…
2Cases cited15 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Gillespie v. MoonNew York Court of Chancery · 1817
- Barnard v. . GantzNew York Court of Appeals · 1893
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Stow v. TifftNew York Supreme Court · 1818
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Hart v. BlabeyNew York Court of Appeals · 1942
- McCulloch v. Canadian Pac. Ry. Co.District Court, D. Minnesota · 1943
- Millspaugh v. CassedyAppellate Division of the Supreme Court of the State of New York · 1920
- Kremer v. LewisSupreme Court of Minnesota · 1917
18 more not listed; retrieve them via the Exa API.