Westchester Mortgage Co. v. Thomas B. McIntire, Inc.
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendant, William H. Foster, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 10th day of May, 1915.
1Opinion of the Court
Oarr, J.:
On the original argument of the appeal in this action the judgment in favor of the plaintiff was reversed and a new trial was ordered (171 App. Div. 518). This court has allowed a reargument of the appeal because the question of law involved is of great importance, and the point underlying the former decision of this court was not anticipated by the respondent, nor discussed in its brief, as, through mutual misunderstanding, the briefs were not interchanged in sufficient time before the day of the oral argument. The question involved is simply this, did the plaintiff make out a prima…
2Cases cited6 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Jacobus v. . Jamestown Mantel Co.New York Court of Appeals · 1914
- Karsch v. Pottier & Stymus Manufacturing & Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Patterson v. Ongley Electric Co.New York Supreme Court · 1895
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- Greenpoint Coal Docks, Inc. v. Newtown Creek Realty Corp.New York Supreme Court · 1949
- Chase National Bank v. RosenbaumCity of New York Municipal Court · 1931
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