Petrie v. Trustees of Hamilton College
New York Supreme Court
Appeal from special term, Onondaga county. Action by Jerome R. Petrie against the trustees of Hamilton College. Defendants entered judgment dismissing the complaint on" the merits, and from the order vacating the same they appeal.
Read the full summary
Appeal from special term, Onondaga county. Action by Jerome R. Petrie against the trustees of Hamilton College. Defendants entered judgment dismissing the complaint on" the merits, and from the order vacating the same they appeal. The order contained the following provision: “Ordered, that the judgment entered and docketed in this action on the 29th day of May, 1895, be, and the same hereby is, vacated and set aside, and that this cause be, and the same hereby is, referred back to said referee William Kernan; Esq., with leave to further report, or to change his decision or direction for…
1Opinion of the CourtHardin, P. J.
May 29, 1895, the referee made a report, in which is found the following language:
*637“Upon the evidence given upon the trial, I find and decide that the plaintiff has failed to make out and maintain his alleged grounds and causes of action, or either of them, and that his complaint should be dismissed. * * * I therefore decide that the complaint of the plaintiff should be dismissed without costs, and judgment is ordered accordingly.”
On the same day the defendants entered a judgment which contained the following language:
“It is adjudged that the plaintiff’s complaint in this action be, and the…
2Cases cited13 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- Decker v. . DeckerNew York Court of Appeals · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Maldonado & Co. v. YglesiasAppellate Division of the Supreme Court of the State of New York · 1914
- Glencove Granite Co. v. City Trust, Safe Deposit & Surety Co.Court of Appeals for the Third Circuit · 1902
- Hewitt v. BallardAppellate Division of the Supreme Court of the State of New York · 1897
- Rowlands v. Young Men's Christian Ass'nNew York Supreme Court · 1900
- Cunningham v. Lake Shore & M. S. Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
4 more not listed; retrieve them via the Exa API.