Orth v. Kaesche
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Paul Orth and others, from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of New York on the 4th day of March, 1914, dismissing the complaint upon the decision of the court after a trial at the New York Special Term.
1Dissent
Hotchkiss, J. (dissenting):
I am unable to concur in the reversal of this judgment, which, I think, is in accord with the evidence and the law. The test of our jurisdiction is not what we would have done had we been sitting in the place of the trial court, but whether the judgment appealed from is supported by the facts and is in conformity to law. Whether the instruments may be avoided on the ground either of unilateral mistake or fraud, depends upon (1) whether the Orths in fact relied on what Luyties said; and (2) whether in law they had the right to rely on it. The court below found that…
2Cases cited8 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Brown v. . SpohrNew York Court of Appeals · 1904
- Gannon v. . McGuireNew York Court of Appeals · 1899
- Williams v. . GuileNew York Court of Appeals · 1889
- Chambers v. . LancasterNew York Court of Appeals · 1899
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