Legal Opinion

Voisin v. Commercial Mutual Insurance

New York Supreme Court

Decided March 28, 1890PublishedCited by 5 opinions

Appeal from circuit court, ¡New York county. Action by Stevens Yoisin against the Commercial Mutual Insurance Company. There was a verdict for plaintiff. Defendant’s motion for a new trial made on the minutes was denied, and defendant appealed. Plaintiff now moves to dismiss the appeal.

1Opinion of the CourtDaniels, J.

The motion for a new trial was made after the recovery of the verdict, and denied by the court. Judgment was afterwards entered upon the verdict, and a notice of the entry served upon the attorney for the defendant; and after the time prescribed for an appeal from the judgment had expired, in case the notice was sufficient for this purpose, the notice of appeal was served from the order denying the motion for a new trial. And, in support of the application to dismiss the appeal, the objection has been taken that after the judgment was entered, and the time had expired for appealing from it,…

2Cases cited5 opinions

  1. Tracey v. . AltmyerNew York Court of Appeals · 1871
  2. Valton v. National Loan Fund Life Assurance SocietyNew York Supreme Court · 1859
  3. Pumpelly v. Village of OwegoNew York Supreme Court · 1862
  4. Lane v. BaileyNew York Supreme Court · 1865
  5. Soverhill v. PostNew York Supreme Court · 1861

3Cited by5 opinions

  1. James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
  2. Matthews v. HerdtfelderNew York Supreme Court · 1891
  3. James McCreery Realty Corp. v. Equitable National BankCity of New York Municipal Court · 1907
  4. Howe v. NoyesAppellate Terms of the Supreme Court of New York · 1905
  5. Acosta v. Miller Transport Co.Appellate Division of the Supreme Court of the State of New York · 1950

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