Crocker-Wheeler Co. v. Genesee Recreation Co.
New York Supreme Court
Action by the Crocker-Wheeler Company against the Genesee Recreation Company. Motion for new trial by defendant after verdict for plaintiff. New trial granted.
1Opinion of the CourtSutherland, J.
This case when first tried resulted in a non-suit. The Appellate Division ordered a new trial. 140 App. Div. 726, 125 N. Y. Supp. 721. On the second trial a verdict was rendered by the jury in favor of the plaintiff for the return to the plaintiff of three electric generators, and the value of plaintiff’s interest therein was fixed at $1,328 and interest. I am now convinced, after reviewing *63the second trial, that the case was not submitted to the jury upon the proper theory, and that a third trial should be ordered.
The McDonell Company contracted with the Genesee Amusement Company to…
2Cases cited8 opinions
- Davis v. . BlissNew York Court of Appeals · 1907
- McFadden v. . AllenNew York Court of Appeals · 1892
- Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
- Best v. . StapleNew York Court of Appeals · 1874
- Jermyn v. HunterAppellate Division of the Supreme Court of the State of New York · 1904
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