Green v. Clark
New York Supreme Court
This case will be found reported in 5 Denio, 497. The judgment of the court, there reported, was affirmed by the court of appeals, and the action was tried a second time at the Jefferson circuit, without a jury. The evidence upon the last trial was in part the same as before.
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This case will be found reported in 5 Denio, 497. The judgment of the court, there reported, was affirmed by the court of appeals, and the action was tried a second time at the Jefferson circuit, without a jury. The evidence upon the last trial was in part the same as before. The defendants did not, upon the last trial, examine Westcott, the master, as a witness, and there was no attempt to prove that the plaintiff consented that the Salt might be delivered at Sandusky city instead of Lower San-dusky, the place named in the bill of lading. The plaintiff gave in evidence a written agreement,…
1Opinion of the CourtW. F. Allen, J.
This-cause has been once before tried, and a verdict rendered in favor of the plaintiff. A new trial was granted by the supreme court, and the decision of that court affirmed by the court of appeals. It has therefore been decided, upon the case made on the former trial, by the court of last resort, that the plaintiff was not entitled to recover. This decision was upon the merits. Unless therefore the case has been made to vary by some new evidence, giving to it a new feature, we should not in my judgment be authorized, in the face of the decision of the supreme court and court of appeals, to…
2Cases cited3 opinions
- Potter v. LansingNew York Supreme Court · 1806
- Green v. ClarkNew York Supreme Court · 1848
- Raymond v. HowlandNew York Supreme Court · 1834
3Cited by5 opinions
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- Brown v. Farmers' Loan & Trust Co.New York Supreme Court · 1890