New York Court of Appeals, 1930

Murray v. National Surety Company

Murray v. National Surety Company
New York Court of Appeals · Decided March 18, 1930
171 N.E. 776; 253 N.Y. 547; 1930 N.Y. LEXIS 912 (North Eastern Reporter)

Murray v. National Surety Company

Opinion of the Court

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that the preponderance of evidence sustains the finding of the trial judge that the written contract fails to express the agreement of the parties and should be reformed as the consequence of mutual mistake; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.

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