Thedford v. . Herbert
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 15, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s evidence established the fact that an oral agreement was entered into between the parties on April 30, 1902. (Vail v. Rice, 5 N. Y. 156; Mount v. Lyon, 49 N. Y. 552.) The oral agreement became effective as a valid, enforceable contract upon the subsequent…
1Opinion of the CourtEdward T. Bartlett, J.
This is the second trial of the action; on the first trial the plaintiff recovered a judgment for $15,000, which was reversed by the Appellate Division and a new trial ordered. . The evidence of the plaintiff on the present trial is substantially the same as upon the first; the complaint was dismissed by the trial judge at the close of plaintiff’s proofs on the ground that he was bound by the judgment entered upon the decision of the Appellate Division. This judgment of dismissal was affirmed by the Appellate Division and the plaintiff now appeals to this court.
The plaintiff sues upon a…
2Cases cited8 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Mason v. . DeckerNew York Court of Appeals · 1878
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gorden v. WittyAppellate Division of the Supreme Court of the State of New York · 1921
- Thedford v. HerbertAppellate Division of the Supreme Court of the State of New York · 1909
- Kirwan v. . American Lithographic Co.New York Court of Appeals · 1910
- Smith v. StateAppellate Division of the Supreme Court of the State of New York · 1915
- Thedford v. . HerbertNew York Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.