Howland v. Newark Cemetery Ass'n
New York Supreme Court
MOTION by the defendant for a new trial, on exceptions taken at the Wayne circuit, ordered to be heard at the General Term in the first instance.
1Opinion of the Court
By the Court,
Talcott, J.
This case is, in its main features, like that of Cramer v. Benton, argued at the same time, and growing out of the mistake in the description contained in the partition deeds made between Lewis J. Benton and John W. Benton in the year 1846. The result of the two cases at the circuit, however, having been precisely opposite. In the present case, the justice who tried the case directed a verdict for the defendant, while the justice who tried the other action directed a verdict for the plaintiff. We have, after full consideration, affirmed the ruling of the justice who…
2Cases cited3 opinions
- Simpson & Isaacs v. DowningNew York Supreme Court · 1840
- Munro v. MerchantNew York Supreme Court · 1858
- Cramer v. BentonNew York Supreme Court · 1873
3Cited by1 opinion
- Schauble v. SchulzCourt of Appeals for the Eighth Circuit · 1905