Seaward v. Tasker
New York Supreme Court
Action by George W. Seaward, as administrator with the will annexed of William Z. King, deceased, against Frederick H. Tasker. On motion by plaintiff to set aside the dismissal of the complaint on the merits after a trial by. the court and jury and for a new trial. Motion for new trial denied, and complaint dismissed.
1Opinion of the CourtScudder, J.
On the settlement of the order setting aside the verdict directed in this case and dismissing the complaint on the merits in accordance with the court’s opinion herein (80 Mise. Rep. 570, 141 N. Y. Supp. 618), plaintiff’s counsel insists, on the purely technical ground that the decision of the motion to dismiss the complaint was not reserved at the trial, that plaintiff is entitled to a new trial, and that the court is now without power to dismiss the complaint. This technical contention of plaintiff’s counsel is without substance or merit. In the order dismissing the complaint, which" order…
2Cases cited9 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Seaward v. . DavisNew York Court of Appeals · 1910
- In re BooneU.S. Circuit Court for the District of Northern California · 1897
- Seaward v. DavisAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by3 opinions
- Cardinale v. GolinelloNew York Court of Appeals · 1977
- Loeb v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1933
- People v. De FreeseAppellate Division of the Supreme Court of the State of New York · 1979