New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The New York Bank Note Company, from so much of a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of July, 1900, upon the report of a referee as adjudges that the plaintiff is entitled to only six cents damages, without costs, as against either defendant, and that the defendant, The Hamilton Bank Note Engraving and Printing Company, have judgment against the…
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Appeal by the plaintiff, The New York Bank Note Company, from so much of a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of July, 1900, upon the report of a referee as adjudges that the plaintiff is entitled to only six cents damages, without costs, as against either defendant, and that the defendant, The Hamilton Bank Note Engraving and Printing Company, have judgment against the plaintiff for $1,882.55, referee’s and stenographer’s fees, less the sum of six cents, with notice of an intention vto…
1Opinion of the Court
Hatch, J.:
The result which has been reached in this case is so extraordinary in character when it is considered that the plaintiff recovered a judgment in its favor for the relief demanded in its complaint, that we are called upon to carefully consider the process and proceedings by which such result has been reached and see, if we may, whether the same is the proper result under the determination of this court upon the former appeal, or is due to an incorrect interpretation of its judgment. In other words, whether the' mistake, which has evidently been made, was made by this court or by the…
2Cases cited3 opinions
- Ketchum v. ClarkNew York Supreme Court · 1856
- Palmer v. PalmerNew York Supreme Court · 1856
- Story v. BrownNew York Court of Chancery · 1833
3Cited by1 opinion
- Kliger v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1907