Henry v. . Herrington
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 1, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 1, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. By the action in the Supreme Court against Dennin, Ormsby and Herrington, based upon the plaintiff’s claim of ownership and right of possession of the property, the plaintiff elected one of two or more inconsistent remedies, and was precluded by such election from…
1Opinion of the CourtGray, J.
This action was brought to recover the balance of the purchase money due to the plaintiff from the defendant upon a sale of personal property. The fact of the sale was put in issue by the answer; but the plaintiff recovered a verdict for the amount claimed by her and the judgment upon the verdict has been unanimously affirmed by the Appellate Division. This is sufficient to dispose of the controverted facts of the case; but the appellant insists that a serious question of law survives the disposition made below, which lias been erroneously determined. That was whether a previous action…
2Cases cited3 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Morris v. . RexfordNew York Court of Appeals · 1859
- Kinney v. . KiernanNew York Court of Appeals · 1872
3Cited by48 opinions
- Southern Pacific Co. v. BogertSupreme Court of the United States · 1919
- Norwood v. McDonaldOhio Supreme Court · 1943
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
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