City of New York v. Baird
Appellate Division of the Supreme Court of the State of New York
Appeal bv the defendants, William P. Baird and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of Hay, 1904, upon the verdict of a. jury, and .also from an order entered in said clerk’s office on the 24th day of Hay, 1904, denying the defendants’ motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon said appeal an order entered…
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Appeal bv the defendants, William P. Baird and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of Hay, 1904, upon the verdict of a. jury, and .also from an order entered in said clerk’s office on the 24th day of Hay, 1904, denying the defendants’ motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon said appeal an order entered in said clerk’s office on the 24th day of Hay, 1904, directing that there be included in said judgment the interest on…
1Opinion of the Court
Ingraham, J.:
Upon the former appeal in this case (176 N. Y. 269), which was from a judgment entered, on a verdict directed for the plaintiff, the Court, of Appeals held that “ the city cotild not deprive the principal and his sureties of his right of .review without taking the chances of loss should such review and a subsequent trial had by reason -of it result favorably to the principal; that midway, between the two extremes claimed by plaintiff and defendants lies the true position,; and the test of it is, Was the action of the municipal authorities-complained of taken in bad faith ? If so,…
2Cases cited1 opinion
- City of New York v. . BairdNew York Court of Appeals · 1903
3Cited by2 opinions
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1909
- Mayor, Aldermen & Commonalty v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1913