Rosenwald v. Hammerstein
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury in favor of the plaintiff for $3,306.88 damages and costs, and from an order denying a motion for a new trial upon the judge’s minutes.
Read the full summary
Appeal from a judgment of this court entered upon the verdict of a jury in favor of the plaintiff for $3,306.88 damages and costs, and from an order denying a motion for a new trial upon the judge’s minutes. The plaintiff, in February, 1882, was a member of the firm of E. Rosenwald & Bros., in the business of packers and dealers in leaf tobacco in the city of New York, which at that time packed and held the great bulk of the crop of certain leaf tobacco called “80 New York Big Flats,” of which the firm of N. Lachenbruch & Bro. held a packing of several hundred cases. These two firms held…
1Opinion of the CourtLarremore, J.
[After stating the facts as above.]— The defendant’s answer fully authorized the ruling that the only question for the jury was that of damages. Section 500 of the Code provides, for a general or specific denial of each material allegation of the complaint controverted, or of any knowledge or information thereof sufficient to form a belief.
A denial of “each and every other allegation in said complaint contained not hereinbefore admitted or specifically denied,” though sanctioned by decisions of the Special Term in our early practice (5 How. 331, 13 How. 7, 20 How. 158), is not authorized by…
2Cases cited5 opinions
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Richtmeyer v. . RemsenNew York Court of Appeals · 1868
- Daly v. . ByrneNew York Court of Appeals · 1879
- Brown Bros. Electrical Contractors, Inc. v. Beam Construction Corp.New York Court of Appeals · 1977
- United States v. HughesSupreme Court of the United States · 1824
3Cited by10 opinions
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Barton v. GriffinAppellate Division of the Supreme Court of the State of New York · 1899
- Riggs v. ChapinCity of New York Municipal Court · 1889
- Lanphere v. ClarkNew York Supreme Court · 1894
- Barton v. GriffinAppellate Division of the Supreme Court of the State of New York · 1899
5 more not listed; retrieve them via the Exa API.