Davenport v. . Palmer
Cases that cite this one
4 later published cases cite this decision.
- Lalor v. Lalor (Appellate Division of the Supreme Court of New York 1949)
- Yuni v. Herscovitz (Appellate Division of the Supreme Court of New York 1942)
- Central Hanover Bank & Trust Co. v. Mirror (New York Supreme Court 1935)
- Lipten v. Columbia Trust Co. (Appellate Division of the Supreme Court of New York 1920)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The reversal being upon questions of law only (Code Civil Proceedure, section 1338), we are limited on this review to the consideration of the questions of law arising upon the findings of fact which there is any evidence to sustain. The Special Term found upon sufficient evidence that the plaintiff and his client, the mortgagee, accepted Mr. Dalton’s check in payment, satisfaction and discharge of the bond and mortgage. That finding disposes of the case irrespective of the effect of the certification of the check or of the subsequent recovery by the plaintiff of a judgment upon it.
The order of the Appellate Division should be reversed .and the judgment of the Special Term affirmed, with costs in all courts.
Willard Bartlett, Oh. J., Chase, Oollin, Cuddeback, Hogan, Miller and Cardozo, JJ., concur.
Ordered accordingly.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.