Beebe v. . Mead
New York Court of Appeals
Appeal from judgment of Supreme Court of fourth district, reversing judgment and ordering new trial. The case was tried by a judge without a jury, and the record shows that the order of new trial was made' upon the facts as well as the law of the case. The action was brought to recover the value of a quantity of paper alleged to have been wrongfully taken and converted by defendant. The defendant justified under an execution against the property of one Colin H. Skinner.
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Appeal from judgment of Supreme Court of fourth district, reversing judgment and ordering new trial. The case was tried by a judge without a jury, and the record shows that the order of new trial was made' upon the facts as well as the law of the case. The action was brought to recover the value of a quantity of paper alleged to have been wrongfully taken and converted by defendant. The defendant justified under an execution against the property of one Colin H. Skinner. The judge, in his decision, found no facts other than are embraced in a general finding, “ that plaintiffs were owners of…
1Opinion of the CourtDavis, J.
Upon the finding of the judge, “ that plaintiffs were owners and entitled to the possession of the paper, and defendant had wrongfully seized and taken the same,” there could be no -question of law for this court to consider. The plaintiffs would he entitled to judgment of course. But the record shows that the General Term ordered a new trial both upon the law and facts of the case; and that opens to our consideration the question whether the General Term were right in holding that the court at circuit erred on questions of fact.
The circuit judge held in substance, that upon the evidence in…
2Cited by3 opinions
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