Wood v. Fisk
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William. 0. H. Wood, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Mew York on the 12th day of July, 1912, upon the decision of the court, rendered after a trial at the Mew York Trial Term, a jury having been waived, dismissing the complaint upon the merits.
1Dissent
Scott,'J. (dissenting):
In- my opinion this judgment should be reversed. I am unable to distinguish the .case, in principle, from Phenix *502National Bank v. Waterbury (123 App. Div. 453; affd., 197 N. Y. 161). In that case the dissenting opinion in this court presented forcibly all of the arguments which are now urged in support of the present judgment, including those based upon the theory of a supposed £ £ anticipatory breach. ” It failed, however, to convince the majority of the court or any member of the Court of Appeals. The whole question is whether or not the plaintiff held a claim on…
2Cases cited3 opinions
- Ames v. MoirSupreme Court of the United States · 1891
- Phenix National Bank v. . WaterburyNew York Court of Appeals · 1910
- Phenix National Bank v. WaterburyAppellate Division of the Supreme Court of the State of New York · 1908