Fleischmann v. Samuel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mendel Samuel and others, comprising the firm of M. Samuel •& Sons, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of October, 1896, upon the verdict of a jury, and also from an order bearing date the 28th day of October, 1896, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Mendel Samuel and others, comprising the firm of M. Samuel •& Sons, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of October, 1896, upon the verdict of a jury, and also from an order bearing date the 28th day of October, 1896, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes. Appeal by the defendants, Mendel Samuel and others, comprising the firm of M. Samuel & Sons, from an order of the Supreme Court, made at the Kings…
1Opinion of the Court
Willard Bartlett, J.:
These appeals were argued together, and it will be most convenient to consider and decide them together.
The action was brought to recover $600 damages for the alleged conversion of an engine. The defense was á general denial. The case was tried in Brooklyn before Mr. Justice Osborne and a jury. After the adjournment' of the court on the first day of the trial, the foreman of the jury was observed in conversation with the plaintiff. The attorney for the defendants called the. attention of Mr. Justice Osborne to this fact, whereupon the judge told the juror that he was…
2Cases cited2 opinions
- Tiffany v. . LordNew York Court of Appeals · 1875
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1890
3Cited by7 opinions
- Wallingford v. . KaiserNew York Court of Appeals · 1908
- Werner v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Moravec v. GrellAppellate Division of the Supreme Court of the State of New York · 1903
- Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Brown v. GrossmanAppellate Terms of the Supreme Court of New York · 1908
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