Heath v. New York Building Loan Banking Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 14, 1895, which reversed an order of Special Term re-settling the findings of fact and conclusions of law on trial at Special Term and modifying a judgment in favor of defendant entered upon such findings and conclusions.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 14, 1895, which reversed an order of Special Term re-settling the findings of fact and conclusions of law on trial at Special Term and modifying a judgment in favor of defendant entered upon such findings and conclusions. The nature of the action and the facts, so far as material, are stated in the opinion. • The power of the court to amend, change and control its own acts and records is inhe-rent. It is also statutory. (Code Civ. Pro. § 723.) It is also Mare decisis. (Bohlen v. M. E.…
1Opinion of the CourtBartlett, J.
The plaintiff is a stockholder in the defendant company, and as a borrower of money therefrom, sued to have declared fraudulent and void a deed, mortgage and agreement, and that he be allowed to rescind the same by paying the amounts advanced by defendant less sum paid by plaintiff for the stock of defendant and fees paid defendant for. making the loan.
The defendant interposed a defense, not material to consider in detail at this time, and set np a counterclaim; on the trial the plaintiff failed to prove his cause of action and his complaint was dismissed.
At the close of plaintiff’s case it…
2Cases cited1 opinion
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
3Cited by43 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Hiser v. . DavisNew York Court of Appeals · 1922
- Mann v. . MannSupreme Court of North Carolina · 1918
- Trustees of Masonic Hall & Asylum Fund v. FontanaAppellate Terms of the Supreme Court of New York · 1917
- Chester v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1906
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