Polhemus v. Polhemus
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendants, Horace G. Polliemus aud others, from a judgment of the Supreme Court, entered in the office of the cleric of the county of Kings on the 29 th day of June, 1904, upon the. decision of the court, rendered after a trial at the Kings County Special Term in favor of the defendant John Polhemus Printing Company for the sum of §3,000, and in favor of the plaintiff for costs.
1Opinion of the Court
Hirschberg, P. J.:
This appeal has been reargued. After hearing the original argument we reversed the judgment and dismissed the complaint. (See *782Polhemus v. Polhemus, 108 App. Div. 353.) The court not only erred in dismissing the complaint but also erred in the reasons assigned for so doing in the per curiam opinion then delivered The record of the case is somewhat confusing. The learned trial court first filed an opinion and rendered judgment in favor of the defendants, dismissing the complaint, without costs. (Polhemus v. Polhemus, 43 Misc. Rep. 141.) In that opinion the only question…
2Cases cited24 opinions
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
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3Cited by6 opinions
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- Moran v. BrownAppellate Terms of the Supreme Court of New York · 1909
- Buck v. HurwitzBaltimore City Circuit Court · 1923
- Downey v. FinucaneAppellate Division of the Supreme Court of the State of New York · 1911
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