Legal Opinion · Concurrence

Dittmar v. De Castellane

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1901Published

Appeal from special term, New York county. Action by Anton J. Dittmar against Boni, Count de Castellane, and others. From an order continuing an injunction pendente lite, George J. Gould and others, defendants, as trustees of Jay Gould, deceased, appeal.

1ConcurrenceVan Brunt, P. J.

I concur in the opinion of Hr. Justice MCLAUGHLIN, but, in view of the dissenting opinion of Mr. Justice O’BRIEN, it seems to me that it may be proper to call attention in greater detail to the peculiar features of the authorities upon which he relies; and I think it will be seen that where language is quoted a meaning has been imputed to it which was far from the intention of the writer, and that isolated paragraphs are pressed into service without any consideration either of their context or of the subject in respect to which they were written. This is strikingly illustrated in the use…

2Cases cited21 opinions

  1. Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
  2. Case v. BeauregardSupreme Court of the United States · 1880
  3. Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
  4. Shellington v. . HowlandNew York Court of Appeals · 1873
  5. National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891

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