Price v. Mapes

New York Supreme Court

Price v. Mapes

7 N.Y.S. 747, 28 N.Y. St. Rep. 88, 55 Hun 606, 1889 N.Y. Misc. LEXIS 1283

DecidedDecember 10, 1889

StatusPublished

This text of 7 N.Y.S. 747 (Price v. Mapes) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Price v. Mapes, 7 N.Y.S. 747, 28 N.Y. St. Rep. 88, 55 Hun 606, 1889 N.Y. Misc. LEXIS 1283 (N.Y. Super. Ct. 1889).

Pincite

Opinion

Pratt, J.

The case is a very close one on the evidence; and, while the-better position of the trial judge to pass upon doubtful questions gives such weight to his opinion as to prevent a reversal of the judgment, it is thought a modification as to costs will be consonant with j ustice. The sale of the various lots of ground in a “lump,” instead of by parcels, the lack of notice to the creditors, and an apparent inadequacy of consideration, we think, were such grounds of suspicion that the plaintiff was justified in bringing his action; and we think he ought to be relieved from costs. Judgment appealed from modified by striking out the costs and allowances granted, and, as thus, modified, affirmed, without costs of appeal. All concur.

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Pratt, J.

The case is a very close one on the evidence; and, while the-better position of the trial judge to pass upon doubtful questions gives such weight to his opinion as to prevent a reversal of the judgment, it is thought a modification as to costs will be consonant with j ustice. The sale of the various lots of ground in a “lump,” instead of by parcels, the lack of notice to the creditors, and an apparent inadequacy of consideration, we think, were such grounds of suspicion that the plaintiff was justified in bringing his action; and we think he ought to be relieved from costs. Judgment appealed from modified by striking out the costs and allowances granted, and, as thus, modified, affirmed, without costs of appeal. All concur.

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Bluebook (online)

7 N.Y.S. 747, 28 N.Y. St. Rep. 88, 55 Hun 606, 1889 N.Y. Misc. LEXIS 1283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-mapes-nysupct-1889.