Davenport v. . Palmer
This text of 105 N.E. 800 (Davenport v. . Palmer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The reversal being upon questions of law only (Code Civil Proceedure, section 1338), we are limited on this review to the consideration of the questions of law arising upon the findings of fact which there is any evidence to sustain. The Special Term found upon sufficient evidence that the plaintiff and his client, the mortgagee, accepted Mr. Dalton’s check in payment, satisfaction and discharge of the bond and mortgage. That finding disposes of the case irrespective of the effect of the certification of the check or of the subsequent recovery by the plaintiff of a judgment upon it.
The order of the Appellate Division should be reversed .and the judgment of the Special Term affirmed, with costs in all courts.
Willard Bartlett, Oh. J., Chase, Oollin, Cuddeback, Hogan, Miller and Cardozo, JJ., concur.
Ordered accordingly.
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Cite This Page — Counsel Stack
105 N.E. 800, 211 N.Y. 596, 1914 N.Y. LEXIS 1186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davenport-v-palmer-ny-1914.