C. H. Diamond & Co. v. Hartley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, C. H. Diamond and Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of May, 1899, as amended by an order entered in said clerk’s office on the 17th day of May, 1899, upon the dismissal of the complaint by direction of the court, after a trial .before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office…
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Appeal by the plaintiff, C. H. Diamond and Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of May, 1899, as amended by an order entered in said clerk’s office on the 17th day of May, 1899, upon the dismissal of the complaint by direction of the court, after a trial .before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 19th day of. May, 1899, denying the plaintiff’s motion for a new-trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
Upon the former trial of this case the plaintiff had a judgment which was reversed on appeal by this court in the second department, and it was there hefd that the plaintiff had failed to prove facts entitling him to a recovery and that the complaint should have been dismissed. The conclusion at which the court arrived is stated in the opinion as follows: “The law of this ease seems to be-well settled ; the plaintiff must be able to establish that it has produced a party able and willing to take the property offered by the defendant at the defendant’s own terms; and to do this it…
2Cases cited1 opinion
- C. H. Diamond & Co. v. HartleyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Hausman v. HerdtfelderAppellate Division of the Supreme Court of the State of New York · 1903