Schoengold v. Bier

Appellate Division of the Supreme Court of New York

Schoengold v. Bier

268 A.D. 832, 49 N.Y.S.2d 212, 1944 N.Y. App. Div. LEXIS 3658

Appellate Division of the Supreme Court of the State of New York·Decided July 3, 1944·Published·Cited by 2 cases

Opinion

In an action for the specific performance of a trust indenture and for an accounting thereunder, interlocutory judgment in favor of the plaintiff unanimously affirmed, .with costs. The objection that the decision does not conform to section 440 of the Civil Practice Act is untenable. The decision is equivalent to express findings of fact in favor of the plaintiff on each and all of the material facts alleged in the amended complaint. Any other determination upon this record would be contrary to the weight of the evidence. Present — Close, P. J., Hagarty, Carswell, Adel and Aldrich, JJ.

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

In an action for the specific performance of a trust indenture and for an accounting thereunder, interlocutory judgment in favor of the plaintiff unanimously affirmed, .with costs. The objection that the decision does not conform to section 440 of the Civil Practice Act is untenable. The decision is equivalent to express findings of fact in favor of the plaintiff on each and all of the material facts alleged in the amended complaint. Any other determination upon this record would be contrary to the weight of the evidence. Present — Close, P. J., Hagarty, Carswell, Adel and Aldrich, JJ.

Schoengold v. Bier, 268 A.D. 832, 49 N.Y.S.2d 212, 1944 N.Y. App. Div. LEXIS 3658 (N.Y. Ct. App. 1944).

Pincite

268 A.D. 832 (Schoengold v. Bier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related