Davis v. Owens

Appellate Division of the Supreme Court of New York

Davis v. Owens

91 N.Y.S. 1092

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 4, 1905

StatusPublished

This text of 91 N.Y.S. 1092 (Davis v. Owens) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Owens, 91 N.Y.S. 1092 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

Judgment reversed, and new trial ordered, with costs tp the appellant to abide event, upon Questions of fact. Held, that the finding of the learned trial justice “that there was no fraud or undue influence practiced upon the said Charles Owens by the defendant, John C. Owens, to obtain said mortgage, or in connection with the execution and delivery thereof,” and “that said mortgage was duly and freely acknowledged by the said Charles Owens, and delivered by him to said John O. Owens,” is against the weight of the evidence, and that, in view of the fact that the justice by whom the case was decided did not see the witnesses, another trial should he had.

STOVER, J., dissents. HISCOCK, J., not sitting.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Judgment reversed, and new trial ordered, with costs tp the appellant to abide event, upon Questions of fact. Held, that the finding of the learned trial justice “that there was no fraud or undue influence practiced upon the said Charles Owens by the defendant, John C. Owens, to obtain said mortgage, or in connection with the execution and delivery thereof,” and “that said mortgage was duly and freely acknowledged by the said Charles Owens, and delivered by him to said John O. Owens,” is against the weight of the evidence, and that, in view of the fact that the justice by whom the case was decided did not see the witnesses, another trial should he had.

STOVER, J., dissents. HISCOCK, J., not sitting.

Cite This Page — Counsel Stack

Bluebook (online)

91 N.Y.S. 1092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-owens-nyappdiv-1905.