Dorwin v. Westbrook
Appellate Division of the Supreme Court of the State of New York
Action by William E. Dorwin and Charles A. Burr against John B. Westbrook. S. D. Halliday and Thomas D. Husted, for appellant. Martin S. Lynch,' for respondents.
1Opinion of the CourtLandon, J.
This case has been tried three times, and each time the jury has found for the plaintiff, and thus has three times found in effect that the plaintiff Dorwin signed releases in full satisfaction of the canse of action set forth in the complaint by the fraudulent procurement of the defendant The judgment upon the first trial was reversed upon other grounds than that the verdict of the jury was against the weight of evidence; Hardin, P. J., however, expressing his opinion that it was. 71 Hun, 405, 24 N. Y. Supp. 955. The judgment upon the second trial was reversed upon the _ ground, among…
2Cases cited7 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Talcot v. Commercial Insurance Co.New York Supreme Court · 1807
- Kummer v. Christopher & T. St. R.New York Court of Common Pleas · 1895
- Nichols v. TuttleNew York Supreme Court · 1891
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3Cited by2 opinions
- McCoy v. MunroAppellate Division of the Supreme Court of the State of New York · 1902
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1900