Vernon v. J. W. O'Bannon Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. W. O’Bannon Company, 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 2-2d day of May, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of July, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J. :
The main facts sufficiently appear in the opinion written by Mr. Justice Willrad Baetlett, when this case was before the court' on appeal from the results of the first trial. (See Vernon v. O'Banon Co., 71 App. Div. 618.) It is only necessary now to recall that the complaint contains two separate and distinct causes of action, while the answer, after denying certain allegations of the complaint, in two counts thereof, sets up a counterclaim to both causes of •action arising out of the alleged breach of the contract, which is the basis of the plaintiffs’ second cause of action.…
2Cases cited2 opinions
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Vernon v. J. W. O'Bannon Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Bolognino v. BologninoNew York Supreme Court · 1930
- Hyler v. HeyerNew York Supreme Court · 1941