Malone v. Weill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Elie Weill and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk' of the county of Kings on the 19th day of June, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of June, 1901, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J. :
The plaintiffs brought this action in 1891 to recover the value of certain articles alleged to have been wrongfully taken from them by the defendants and for damages for such wrongful taking. On the first trial the jury disagreed. A subsequent trial resulted in a verdict for the plaintiffs, which was set aside. The defendants then instituted an action in equity for an accounting to be made by the plaintiffs, and for other relief. This litigation was carried on, passing through the various stages, resulting in a final judgment dismissing the complaint and dissolving the…
2Cases cited4 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Reich v. . CochranNew York Court of Appeals · 1896
- Swain v. . SchieffelinNew York Court of Appeals · 1892
- United States Trust Co. v. O'BrienNew York Court of Appeals · 1894
3Cited by2 opinions
- Paduano v. StateAppellate Division of the Supreme Court of the State of New York · 1922
- Williams v. Flagg Storage Warehouse Co.New York Supreme Court · 1927