Stewart v. . Huntington
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon a.n order made at the Hay term, 1888, which affirmed a judgment entered upon a verdict for the defendant Huntington directed by the court. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon a.n order made at the Hay term, 1888, which affirmed a judgment entered upon a verdict for the defendant Huntington directed by the court. The nature of the action and the material facts are stated in the opinion. The point upon which the defendant based his motion to direct a verdict for defendant and upon which the General Term relied in its decision, namely, that the contract had been rescinded by the action of the plaintiff in demanding a return of the stock, compliance with which…
1Opinion of the CourtHaight, J.
This action was brought against Oollis P. Plunti'ngton, Leland Stanford and Charles Crocker, as survivors of Mark Hopkins, deceased. Hone of the defendants except Huntington were served with summons or complaint, and none of the other defendants have appeared in the action. The case has been three times tried. The first resulted in a disagreement of the jury; the second in a verdict for the plaintiff for $102,923.82, on which a judgment was entered which was reversed by the General Term, and the third in a direction of a verdict for the defendant by the court, which is the one now under…
2Cited by2 opinions
- Gray v. ButlerAppellate Division of the Supreme Court of the State of New York · 1907
- Place v. ConklinAppellate Division of the Supreme Court of the State of New York · 1898