Milbank v. . Jones
New York Court of Appeals
Appeal from, judgment of the General Term of the-Superior Court of the city of Mew York, entered upon an order made March 6,1893, which affirmed a judgment in favor of plaintiff: entered upon a verdict directed by the court and also affirmed 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, judgment of the General Term of the-Superior Court of the city of Mew York, entered upon an order made March 6,1893, which affirmed a judgment in favor of plaintiff: entered upon a verdict directed by the court and also affirmed 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. Defendant must, under a general denial, be permitted to controvert by evidence everything which the plaintiff is bound, in the first instance, to prove to make out his cause of action. (Griffin v. L. I. R. Co., 101 N. Y. 354;…
1Opinion of the CourtO’Brien, J.
This action was originally brought by the plaintiff’s husband, who having died after the first trial, his widow, the present party plaintiff upon the record, was substituted in his place. On the first trial there was a verdict for the defendant, but the judgment was reversed by the Second Division of this court (127 N. Y. 370). On the second trial the court directed a verdict for the plaintiff and the judgment entered thereon has been affirmed at the General Term. In the disposition of this appeal it is only necessary to examine certain exceptions taken by the defendant at the trial to the…
2Cases cited4 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
- Milbank v. . JonesNew York Court of Appeals · 1891
- Arnold v. . AngellNew York Court of Appeals · 1875
3Cited by32 opinions
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1915
- New York & New Haven Automatic Sprinkler Co. v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1899
- Sprague v. SpragueNew York Supreme Court · 1894
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