Legal Opinion

Brauer v. Oceanic Steam Navigation Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 12 opinions

Appeal by the plaintiff, William W. Brauer, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 18th day of July, 1902, setting aside a verdict theretofore rendered in favor of the plaintiff and granting a new trial of the action.

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Appeal by the plaintiff, William W. Brauer, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 18th day of July, 1902, setting aside a verdict theretofore rendered in favor of the plaintiff and granting a new trial of the action. Also an appeal by the defendant, The Oceanic Steam Navigation Company, Limited, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 6th day of September, 1902, denying the defendant’s motion…

1Opinion of the Court

Patterson, J.:

These appeals are, first, by the defendant from an order entered as a separate order, denying its motion for a nonsuit made during the course of the trial, and, second, by the plaintiff from an order setting aside a verdict of a jury in his favor in an action brought to recover damages for the alleged violation of a contract which he claims had been entered into between him and the defendant.

The appeal from the first-mentioned- order must be dismissed, with costs. We know of no practice which authorizes the entry of' such an order. The disposition of a motion made for a nonsuit…

2Cases cited3 opinions

  1. Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
  2. Canda v. . WickNew York Court of Appeals · 1885
  3. Stilwell v. Ocean Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1896

3Cited by12 opinions

  1. Fine v. CumminsAppellate Division of the Supreme Court of the State of New York · 1940
  2. Kingsway Construction Co. v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1914
  3. Stephansen v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1939
  4. Stein-Gray Drug Co. v. H. Michelsen Co.City of New York Municipal Court · 1909
  5. Stevens v. NaumburgAppellate Division of the Supreme Court of the State of New York · 1925

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