Miller v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John King and John G. McCullough, as receivers of The New York, Lake Erie and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Orange county on the 5th day of February, 1898, upon the verdict of a jury for $500 rendered after a trial at the Orange Trial Term, and also from an order entered in said clerk’s office on the 5th day of March, 1898, setting aside the verdict and…
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Appeal by the defendants, John King and John G. McCullough, as receivers of The New York, Lake Erie and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of Orange county on the 5th day of February, 1898, upon the verdict of a jury for $500 rendered after a trial at the Orange Trial Term, and also from an order entered in said clerk’s office on the 5th day of March, 1898, setting aside the verdict and granting a new trial, unless the plaintiff stipulates to reduce the verdict to .the sum of fifty dollars, in which…
1Dissent
Goodrich, P. J. (dissenting):
This action is not unfamiliar to the court. It has been argued before this tribunal of its predecessor, the General Term, on five different occasions. It is unnecessary to refer to any of the reports except the one which appears in 21 Appellate Division, 192, where *391the facts fully appear and where the court laid down the doctrine that the action, as its theory was presented and insisted upon by the plaintiff’s counsel, was an action for the breach of a contract made by the defendants, as receivers of the New York, Lake Erie and Western Railroad Company, to…
2Cases cited2 opinions
- Branagan v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Miller v. KingNew York Supreme Court · 1895