Wanamaker v. Weaver
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Wanamaker, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 30th day of October, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of November, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, John Wanamaker, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 30th day of October, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of November, 1901, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced in the Municipal Court of the city of Rochester, where the plaintiff obtained a verdict for the full amount demanded in the complaint. The defendant appealed to the County…
1Dissent
Davy, J. (dissenting):
This action was tried in the County Court of Monroe county before a jury, and a verdict was rendered in favor of the defendant. A motion for a new trial was made by the plaintiff upon all the grounds stated in section 999 of the Code of Civil Procedure, which was denied, and the plaintiff apipeals to this court from both the judgment and order.
The plaintiff is a merchant residing and doing business in the city of Philadelphia.
On the 31st day of January, 1900, Mrs. Alice M. Weaver, wife of the defendant, went to Philadelphia to attend the wedding of her husband’s brother,…
2Cases cited7 opinions
- Tiemeyer v. . TurnquistNew York Court of Appeals · 1881
- Cromwell v. BenjaminNew York Supreme Court · 1863
- Arnold v. AllenNew York Court of Common Pleas · 1880
- McQuhae v. ReyNew York Court of Common Pleas · 1893
- Hatch v. LeonardAppellate Division of the Supreme Court of the State of New York · 1902
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