Jones v. Hoadley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Willard H. Jones and another, from a judgment of the Supreme Court, entered in'the office of the clerk of the county of Hew York on the 5th day'of December, 1905, upon the dismissal of the complaint by direction of the court as to the defendants Hoadley and Leiter after a trial at the Hew York Trial Term and upon the verdict of a jury in favor of the plaintiffs against the defendant Judson, and also from an order entered in said clerk’s office on…
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Appeal by the plaintiffs, Willard H. Jones and another, from a judgment of the Supreme Court, entered in'the office of the clerk of the county of Hew York on the 5th day'of December, 1905, upon the dismissal of the complaint by direction of the court as to the defendants Hoadley and Leiter after a trial at the Hew York Trial Term and upon the verdict of a jury in favor of the plaintiffs against the defendant Judson, and also from an order entered in said clerk’s office on the 4th day of December, 1905, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Dissent
Houghton, J. (dissenting):
I dissent from the conclusion reached by the majority of the court.
It is true there is much to be said respecting the acquiescence of plaintiffs in the law as laid down by the court in its principal charge. I do not think; however, the plaintiffs so far committed themselves to an erroneous theory of the trial as now to preclude them from taking advantage of an erroneous charge of the court, made.at the request of one of the defendants, to which an exception was properly taken.
At the conclusion of the main charge, after inquiring of plaintiffs’ counsel whether he had…
2Cases cited4 opinions
- The Ontario Bank v. . HennesseyNew York Court of Appeals · 1872
- Reynolds v. ClevelandNew York Supreme Court · 1825
- Cashman v. LawsonAppellate Division of the Supreme Court of the State of New York · 1902
- Connor v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902