Legal Opinion
Weisinger v. Berfond
New York Supreme Court
Decided January 11, 1960PublishedCited by 5 opinions
1Opinion of the CourtMiles F. McDonald, J.
The singular circumstances of this case require the court to determine whether or not the advice of Oliver Goldsmith (Art of Poetry on a New Plan, vol. 2, p. 147): 11 He who fights and runs away will live to fight another day ”, should be adopted as a precept of equity jurisprudence, or *789whether the court should declare that once having submitted his cause to a court of equity, the plaintiff may be prevented from beating a strategic retreat so that he may then attack when conditions are more propitious.
The observation of Mr. Justice Irving Lehman, later Chief Judge of the Court of Appeals,…
2Cases cited13 opinions
- Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Mink v. KeimNew York Court of Appeals · 1943
- Piedmont Hotel Co. v. A. E. Nettleton Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Zeiser v. . CohnNew York Court of Appeals · 1913
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3Cited by5 opinions
- First Dallas Petroleum, Inc. v. Hawkins, Texas Court of Appeals, 5th District (Dallas)1986
- American Broadcasting Companies, Inc. v. WolfAppellate Division of the Supreme Court of the State of New York · 1980
- Miller v. HainzlCity of New York Municipal Court · 1961
- Chanler v. LyonsNew York Supreme Court · 1960
- Harden v. TaylorCalifornia Court of Appeal · 1962