Deen v. . Milne
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court m the first judicial department, entered upon an order made January 30, 1888, which modified, and affirmed as-modified, a judgment in favor of plaintiff, entered upon a. decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court m the first judicial department, entered upon an order made January 30, 1888, which modified, and affirmed as-modified, a judgment in favor of plaintiff, entered upon a. decision of the court on trial at Special Term. This action was brought to establish and to compel the-specific performance of an alleged stipulation for the discontinuance of an action in the Marine Court of the city of New York, wherein the plaintiff here was plaintiff and the defendant’s testator was defendant, and the cancellation of a judgment, entered therein…
1Opinion of the CourtPeckham, J.
Upon the trial in the Supreme Court of the ¡action of Wilson v. Been, the parties entered into an agreement in writing that a former action commenced in the Marine Court of Dew York by Mrs. Deen against Wilson, in which the defendant had obtained judgment for costs, should be discontinued and the judgment entered therein should be vacated ¡and canceled. This is one of the findings of fact made in this case, and, although the evidence is to some extent, perhaps, .conflicting, yet there is enough upon which the trial court could base its findings within any rule as to the clearness and fullness…
2Cases cited7 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Loeb v. . WillisNew York Court of Appeals · 1885
- Peters v. . DelaplaineNew York Court of Appeals · 1872
- Gould v. MortimerNew York Supreme Court · 1863
- Libby v. RosekransNew York Supreme Court · 1869
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3Cited by17 opinions
- Read v. BakerDistrict Court, D. Delaware · 1977
- Matter of Marcus BB.Appellate Division of the Supreme Court of the State of New York · 2015
- Riordan v. FergusonDistrict Court, S.D. New York · 1941
- Greenberg v. New York City Planning CommissionAppellate Division of the Supreme Court of the State of New York · 1975
- Brown v. ArnoldU.S. Circuit Court for the District of Western Missouri · 1904
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