Cook v. Casler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sandy Casler, as sole surviving executor, etc., of Josiah Snell, deceased, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 22d day of March, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of February, 1902, denying the defendants’ motion for a "new trial made upon the minutes, with notice of an…
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Appeal by the defendants, Sandy Casler, as sole surviving executor, etc., of Josiah Snell, deceased, and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 22d day of March, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of February, 1902, denying the defendants’ motion for a "new trial made upon the minutes, with notice of an intention to bring up for review upon such appeal orders entered in said clerk’s office on the 19th day of February, •…
1Opinion of the Court
Parker, P. J.:. This claim has heretofore been before this court, and is reported (Cooh v. Shull, 35 App. Div. 121). In addition to the facts therein stated, a further statement is required as follows:
After the reversal ,of the judgment there rendered as against Shull and Snell, the case went back for a new trial as to them, and the new trial resulted in a dismissal of the complaint as against them.
The action now before us was subsequently brought in March, 1901, and is against the said Shull and the executor of the deceased Snell only; the bank is not a party. Two causes of action are…
2Cases cited1 opinion
- Cook v. ShullAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Snow v. DuxstadWyoming Supreme Court · 1915
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1903
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1903
- United States Fidelity & Guaranty Co. v. Westrumite Products Co.Court of Appeals for the Second Circuit · 1920