Bennett v. Iron Clad Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Iron Clad Manufacturing Company, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of Herkimeron the 10th day of December, 1906, upon the verdict of á jury, rendered by direction of the court after a trial at the Herkimer Trial- Term, and also from an order entered in said clerk’s office on the 6th day of December, 1906, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, the Iron Clad Manufacturing Company, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of Herkimeron the 10th day of December, 1906, upon the verdict of á jury, rendered by direction of the court after a trial at the Herkimer Trial- Term, and also from an order entered in said clerk’s office on the 6th day of December, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J.:
That plaintiff’s complaint states facts sufficient to constitute a cause of action against defendant has been determined by this court on an appeal by plaintiff from a judgment obtained at the Herkimer Trial Term in favor of defendant which dismissed the complaint on the ground that the complaint did not set forth facts sufficient to support the action which plaintiff sought to maintain. (Bennett v. Iron Clad Manufacturing Co., 110 App. Div. 443.) In the prevailing opinion, delivered on the former appeal, the allegations of the complaint are referred to at length and it is…
2Cases cited2 opinions
- Hyatt v. . IngallsNew York Court of Appeals · 1891
- Bennett v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- People v. . RisleyNew York Court of Appeals · 1915
- Bennett v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1908