Swan v. . Inderlied
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1905, affirming a judgment of the Broome County Court, which affirmed a judgment in favor of plaintiff entered upon a judgment of the City Court of Binghamton. The nature of the action and the facts, so far as material, and the question certified, are stated in the opinion.
1Opinion of the Court
Cullen, Ch. J.
As the Appellate Division deemed the question involved in this case so important as to require this court to pass thereon, it is to be regretted that the learned court did not favor both the parties and this court with its own views on the subject. There has not a word been written in this case by any of the courts below, and the question certified is whether, on the facts stipulated by the parties, the plaintiff should have recovered. The particular point, therefore, as to which our opinion is desired can be gleaned only from the record and the briefs of counsel.
On April 11th,…
2Cases cited10 opinions
- Demarest v. WillardNew York Supreme Court · 1828
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
- Chretien v. . DoneyNew York Court of Appeals · 1848
- House v. BurrNew York Supreme Court · 1857
- Voege v. RonaldsNew York Supreme Court · 1894
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3Cited by11 opinions
- Sullivan v. . RossonNew York Court of Appeals · 1918
- Orr v. . Doubleday, Page Co.New York Court of Appeals · 1918
- Conley v. FineAppellate Division of the Supreme Court of the State of New York · 1918
- Simonds v. Registrador de HumacaoSupreme Court of Puerto Rico · 1915
- Briggs v. Bloomingdale Cemetery Ass'nNew York Supreme Court · 1920
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