Reynolds v. Walcott

Appellate Division of the Supreme Court of New York

Reynolds v. Walcott

182 A.D. 932

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

DecidedFebruary 15, 1918

StatusPublished

This text of 182 A.D. 932 (Reynolds v. Walcott) 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

Reynolds v. Walcott, 182 A.D. 932 (N.Y. Ct. App. 1918).

Pincite

Opinion

Neither party gave evidence tending to support the allegations in the pleadings. We are of opinion that the deed was without consideration at its inception. It may be that the deed is an equitable mortgage securing defendant’s advances, but if defendant succeeds, the judgment must be preceded by an accounting between the parties. We regard such a proceeding as much more beneficial to the parties than the dismissal of the complaint, which would undoubtedly result in another action. The judgment is, therefore, reversed, and a new trial granted, costs to abide the event. Jenks, P. J., Thomas, Mills, Rich and Putnam, JJ., concurred.

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Neither party gave evidence tending to support the allegations in the pleadings. We are of opinion that the deed was without consideration at its inception. It may be that the deed is an equitable mortgage securing defendant’s advances, but if defendant succeeds, the judgment must be preceded by an accounting between the parties. We regard such a proceeding as much more beneficial to the parties than the dismissal of the complaint, which would undoubtedly result in another action. The judgment is, therefore, reversed, and a new trial granted, costs to abide the event. Jenks, P. J., Thomas, Mills, Rich and Putnam, JJ., concurred.

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Bluebook (online)

182 A.D. 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-walcott-nyappdiv-1918.