Thomas v. Dickinson
New York Supreme Court
QTION for a new trial, on exceptions taken upon the second trial of the action at the circuit. The cause was before this court on a former occasion, upon a similar motion, after the first trial. The court then refused to grant a new trial. (See 14 Barb. 90, where the facts are stated.) On appeal to the court of appeals that judgment was reversed, and a new trial granted.
Read the full summary
QTION for a new trial, on exceptions taken upon the second trial of the action at the circuit. The cause was before this court on a former occasion, upon a similar motion, after the first trial. The court then refused to grant a new trial. (See 14 Barb. 90, where the facts are stated.) On appeal to the court of appeals that judgment was reversed, and a new trial granted. (See 2 Kernan, 364.) The second trial was had at the Steuben circuit, in May, 1855, before Justice Johnson, and a jury. The evidence was substantially the same as on the former trial. At the close of the testimony the judge…
1Opinion of the Court
By the Court, T. R. Strong, J.
The position, that the plaintiff is not entitled to recover under a declaration in assumpsit containing only the common counts, because the proof showed a special contract between the parties subsisting, and in full force, is fully answered by the decision of this court on a former occasion, and also by the decision of the court of appeals in this case. In this court, it was held, that the special contract was void by the statute of frauds ; that the plaintiff having transferred his property to the defendant under a contract as to payment which was void but not…
2Cited by4 opinions
- Cook v. StevensonMichigan Supreme Court · 1874
- Kirschmann v. LediardNew York Supreme Court · 1872
- Boker v. Demorest Manufacturing Co.New York Supreme Court · 1899
- Kelsey v. Northern Light Oil Co.New York Supreme Court · 1869