Shields v. Shields

Appellate Division of the Supreme Court of New York

Shields v. Shields

254 A.D. 928, 5 N.Y.S.2d 771, 1938 N.Y. App. Div. LEXIS 8328

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

DecidedJune 28, 1938

StatusPublished

This text of 254 A.D. 928 (Shields v. Shields) 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

Shields v. Shields, 254 A.D. 928, 5 N.Y.S.2d 771, 1938 N.Y. App. Div. LEXIS 8328 (N.Y. Ct. App. 1938).

Pincite

Opinion

— Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event. Findings of fact and conclusions of law disapproved and reversed. Memorandum: Irrespective of the fact that the findings upon the issue of fraud, are inconsistent, and regarding only the findings that are most favorable to the judgment appealed from, we find them against the weight of the evidence. All concur. (The judgment is for plaintiff in an action to rescind a trust agreement. The order denies motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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— Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event. Findings of fact and conclusions of law disapproved and reversed. Memorandum: Irrespective of the fact that the findings upon the issue of fraud, are inconsistent, and regarding only the findings that are most favorable to the judgment appealed from, we find them against the weight of the evidence. All concur. (The judgment is for plaintiff in an action to rescind a trust agreement. The order denies motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

254 A.D. 928, 5 N.Y.S.2d 771, 1938 N.Y. App. Div. LEXIS 8328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shields-v-shields-nyappdiv-1938.