MacDonald v. . Crissey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June. 5, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June. 5, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Where there is no mistake about the agreement and the only mistake alleged is in the reduction of that agreement to writing, such mistake of the scrivener or of either party, no matter how it occurred, may he corrected. (Born v. Schrenkeisen, 110 N. Y. 55; Pitcher v.…
1Opinion of the CourtWerner, J.
This is a suit in equity, brought by the plaintiff as receiver of a firm of which he had been a member, to procure the reformation of a written contract, and to recover damages for the breach of the contract as reformed. It will simplify the discussion to refer to both firm and receiver as the plaintiff. At the close of the plaintiff’s case on the trial the complaint was dismissed. From the judgment entered on that decision the plaintiff appealed' to the Appellate Division, where there was an affirmance, and the case is now before us on the plaintiff’s appeal.
The complaint is framed on the…
2Cases cited3 opinions
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Thomas Gordon Malting Co. v. Bartels Brewing Co.New York Court of Appeals · 1912
- Koehler v. . New York Steam Co.New York Court of Appeals · 1905
3Cited by8 opinions
- Points v. WillsNew Mexico Supreme Court · 1939
- Polhamus v. HinesNew York Supreme Court · 1926
- Donald Friedman & Co. v. NewmanAppellate Division of the Supreme Court of the State of New York · 1930
- McPherson v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1939
- Mushcart v. ScherCity of New York Municipal Court · 1930
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