Dorwin v. Westbrook
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John B. Westbrook, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Tioga on the 23d day of January, 1896, upon the verdict of a jury directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Tioga, and also from an order entered in said clerk’s office on the 20th day of January, 1896, denying the defendant’s…
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Appeal by the defendant, John B. Westbrook, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Tioga on the 23d day of January, 1896, upon the verdict of a jury directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Tioga, and also from an order entered in said clerk’s office on the 20th day of January, 1896, denying the defendant’s motion for a new trial made upon the minutes. The court directed the verdict after the rendering of a special verdict by…
1Opinion of the Court
Landon, J.:
This case has been tried three times and each time the jury has. found for the plaintiff, and thus has three times found in effect that the plaintiff Dorwin, by the fraudulent procurement of the. defendant, signed releases in full satisfaction of the cause of action set forth in the complaint. The judgment upon the first trial was. reversed upon other grounds than that the verdict of the jury was. against the weight of evidence, Hardin, P. J., however, expressing his opinion that it ivas. (71 Hun, 405.) The judgment upon the-second trial ivas reversed upon the ground, among others,…
2Cases cited5 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Talcot v. Commercial Insurance Co.New York Supreme Court · 1807
- Kummer v. Christopher & T. St. R.New York Court of Common Pleas · 1895
- Dorwin v. WestbrookNew York Supreme Court · 1895
3Cited by9 opinions
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Nutting v. Kings County Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Perlman v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1912
- Lacs v. James Everard's BreweriesAppellate Division of the Supreme Court of the State of New York · 1905
- Berkman v. FriedmanCity of New York Municipal Court · 1918
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