Burgess v. . Simonson
New York Court of Appeals
Appeal from a judgment of the Supreme Court in the late Second judicial district, affirming a judgment for the plaintiff on the report of a referee. The action was brought to set aside a conveyance of certain real estate in Brooklyn, by Thomas H. Simonson to Miriam Simonson, on the second of November, 1857, as fraudulent against the creditors of Thomas.
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Appeal from a judgment of the Supreme Court in the late Second judicial district, affirming a judgment for the plaintiff on the report of a referee. The action was brought to set aside a conveyance of certain real estate in Brooklyn, by Thomas H. Simonson to Miriam Simonson, on the second of November, 1857, as fraudulent against the creditors of Thomas. For some time prior to November, 1857, the defendant Thomas H. Simonson was the owner of certain real estate in the city of Brooklyn, consisting of houses and lots, and one unimproved lot. The houses were old, having been built, for the most…
1Opinion of the CourtGrover, J.
The facts found by the referee fully sustain his legal conclusions. It is insisted by the counsel for the appellant that some of the material facts so found were not shown- by any evidence, and hence a legal error was committed by the referee in so finding, which may be corrected by this court. If the counsel is correct in his premises, he is in his conclusion. The rule upon this subject has been so often stated that it is hardly necessary to reiterate it. That i^ule is that it is a legal error to find a material fact unsupported by any evidence, but that when such evidence is given, showing…
2Cited by10 opinions
- Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Johnson v. Stebbins-Thompson Realty Co.Supreme Court of Missouri · 1903
- Forist v. BellowsSupreme Court of New Hampshire · 1879
- Brooks v. WilsonNew York Supreme Court · 1889
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