Ketchum v. Stevens
The Superior Court of New York City
This action comes before the General Term on an appeal by the plaintiifs from a judgment dismissing their complaint. It was tried before Mr. Justice Hoffman, without a jury, in October, 1854. It was brought for the purpose of rescinding a contract alleged to have been made between the plaintiffs and the defendant.
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This action comes before the General Term on an appeal by the plaintiifs from a judgment dismissing their complaint. It was tried before Mr. Justice Hoffman, without a jury, in October, 1854. It was brought for the purpose of rescinding a contract alleged to have been made between the plaintiffs and the defendant. The alleged contract was, that the plaintiffs should pay to the defendants two loans which they had made to the Schuylers, amounting in all to $25,000 and interest, in consideration of which, the defendants should pay to the plaintiffs a check for $10,000, held by the latter, and…
1Opinion of the CourtBy the Court. Bosworth, J.
We do not understand that the plaintiffs claim the right to-have a new trial, on the ground that the facts, specially found by the Judge, before whom this action was tried, are not warranted by the evidence. The practical *480question presented by the appeal is this: Do the facts, found by the Judge, and admitted by the pleadings, warrant the judgment appealed from?
The check of the 29th of June, 1854, drawn by R. & Gr. L. Schuyler, on the defendants, was presented for payment about one o’clock, p. M., of the day of its date, and payment of it was refused. The refusal was j ustified by the fact,…
2Cases cited1 opinion
- Stearns v. MarshNew York Supreme Court · 1847
3Cited by3 opinions
- Marsh v. Oneida Central BankNew York Supreme Court · 1861
- Butterworth v. PeckThe Superior Court of New York City · 1859
- Delano v. Equitable Trust Co.New York Supreme Court · 1920