Clark v. . Wise
New York Court of Appeals
Appeal from judgment of the General Term of the fifth judicial district, in favor of the plaintiff, rendered upon a case submitted under section 372 of the Code.
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Appeal from judgment of the General Term of the fifth judicial district, in favor of the plaintiff, rendered upon a case submitted under section 372 of the Code. (Reported below, 57 Barb., 416.) The facts stated in the case are substantially as follows: The defendant, Peter A. Wise, a manufacturer of hay elevators and jacks at Stockbridge, New York, having become insolvent and unable to pay his debts, sold all his stock in trade and real estate and personal property, except such as is exempt from execution, to the defendant, Henry Horton, for the consideration of $10,962.21, that being its…
1Opinion of the CourtPolger, J.
This is a submission, without action, under section 372 of the Code of Procedure. As by that section, the parties to the question in difference are required to agree upon a case, containing the facts upon which the controversy depends, it follows that the court is to determine nothing but the questions of law arising upon the facts thus presented. (Neilson v. Com. Ins. Co., 3 Duer, 455.) See also, the first report of commissioners of practice and pleading to the legislature (1848, p. 233). “This provision,” they say in the comment upon the proposed section 325, which agrees verbatim with the…
2Cases cited2 opinions
- Matthews v. . RiceNew York Court of Appeals · 1865
- Neilson v. Commercial Mutual InsuranceThe Superior Court of New York City · 1854
3Cited by5 opinions
- Marx v. . BroganNew York Court of Appeals · 1907
- Dreiser v. John Lane Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Doyle v. Olson Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Fearing v. IrwinNew York Court of Appeals · 1874
- Kapiolani Maternity & Gynecological Hospital v. WodehouseCourt of Appeals for the Ninth Circuit · 1934