Schoonmaker v. . Bonnie
New York Court of Appeals
Gross appeals from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1887, which reversed in part a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature .of the action and the facts, so far as material, are stated in the opinion. In overruling the defendants’ motion for a nonsuit the referee did not err.
Read the full summary
Gross appeals from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1887, which reversed in part a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature .of the action and the facts, so far as material, are stated in the opinion. In overruling the defendants’ motion for a nonsuit the referee did not err. (Bommer v. A. S. & H. M. Co., 81 N. Y. 468; Pomeroy on Cont. §§ 140, 141.) A party who formally and explicitly admits by his pleading that which…
1Opinion of the CourtAndrews, J.
The General Term reversed that part of the judgment entered upon the report of the referee which required the defendants Mrs. Frank W. Bonnie and Mrs. Robert P. Bonnie, the wives of the other defendants, to joiii with their husbands in the conveyance to the plaintiff, on the ground that they were not parties to the contract for the sale of the land, for the specific performance of which the action was brought. This ruling of the General Term presents the main question in the case.
If the point upon which the General Term proceeded had been raised on the trial and presented by a proper…
2Cases cited1 opinion
- Murray v. . UsherNew York Court of Appeals · 1889
3Cited by3 opinions
- Drummond v. FisherNew York Court of Common Pleas · 1892
- Wallace v. WilliamsNew York Supreme Court · 1891
- Magovern v. RobertsonNew York Supreme Court · 1891