Murray v. National Surety Company

New York Court of Appeals

Murray v. National Surety Company

171 N.E. 776, 253 N.Y. 547, 1930 N.Y. LEXIS 912

New York Court of Appeals·Decided March 18, 1930·Published

Opinion

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that the preponderance of evidence sustains the finding of the trial judge that the written contract fails to express the agreement of the parties and should be reformed as the consequence of mutual mistake; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.

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Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that the preponderance of evidence sustains the finding of the trial judge that the written contract fails to express the agreement of the parties and should be reformed as the consequence of mutual mistake; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.

Murray v. National Surety Company, 171 N.E. 776, 253 N.Y. 547, 1930 N.Y. LEXIS 912 (N.Y. 1930).

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