United Press v. A. S. Abell Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Felix Agnus, manager aúd trustee of the “ Baltimore American ” newspaper, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of August, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21th day of January, 1902, denying the said defendant’s motion for a new trial made upon the minutes, with notice of an intention to…
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Appeal by the defendant, Felix Agnus, manager aúd trustee of the “ Baltimore American ” newspaper, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of August, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21th day of January, 1902, denying the said defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 21st day of August, 1902, granting…
1Opinion of the Court
Patterson, J.:
This action was brought to recover damagés for the breach of a contract. Many defendants are named in the summons and complaint, but service was alone made oh the defendant Felix Agnus. - Issue was joined upon his answer, and ■ upon a trial a verdict was' directed by the court in favor of the defendant. From the judgment entered upon the verdict thus directed an appeal was taken to this court, and it was reversed and a new trial ordered. (58 App. Div. 611.) That reversal was placed upon the ground that the condition of the evidence as it appeared in the record required the…
2Cases cited5 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- Ruff v. GerhardtAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Star-Chronicle Pub. Co. v. United Press Ass'nsCourt of Appeals for the Eighth Circuit · 1913
- In re the Assignment for the Benefit of Creditors of Anderson's Farm Service, Inc., New York County Courts1949