Morehouse v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 27tli day of June, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Jenks, J.:
This ease came back for trial after the judgment of the Court of Appeals therein, contained in 185 New York, 520. That court decided that the defense (as to which defendant offered evidence) that" the contract between the plaintiff and his client was unconscionable and, therefore, illegal and void, should have been determined by the trial court, and the court’s failure to find Upon this issue was a mistrial. This appeal is from the judgment on retrial. The court has found that the contract between plaintiff and his client was conscionable, valid and lawful. The court had before it…
2Cases cited5 opinions
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Matter of SnyderNew York Court of Appeals · 1907
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Ransom v. . CuttingNew York Court of Appeals · 1907
- Roake v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by13 opinions
- In Re the Accounting of MengNew York Court of Appeals · 1919
- Estate of RaphaelCalifornia Court of Appeal · 1951
- Murray v. Waring Hat Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Steele v. HammondAppellate Division of the Supreme Court of the State of New York · 1910
- Friedman v. MindlinCity of New York Municipal Court · 1915
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