Blackwell v. Bainbridge
New York Court of Common Pleas
Appeal from city court, general term. Action by Frank E. Blackwell against John C. Bainbridge and another on an undertaking for costs given on a stay pending a motion for a new trial. From an order and judgment of the general term of the city court reversing a judgment for plaintiff at the trial term, and directing a dismissal of the complaint and judgment for defendants, (19 E. Y. Supp. 681,) plaintiff appeals. Reversed.
1Opinion of the CourtPryor, J.
In dismissing the complaint and rendering absolute judgment for the defendants the general term of the court below committed undeniable error; for it is not certain that the plaintiff might not recover on another trial, and in such case another trial is his legal right. Guernsey v. Miller, 80 N. Y. 181; King v. Barnes, 109 N. Y. 267, 283;1 Foot v. Insurance Co., 61. N. Y. 571; Capron v. Thompson, 86 N. Y. 418, 421; Gawthrop v. Leary, 89 N. Y. 622; Goodwin v. Conklin, 85 N. Y. 21, 26; Whitehead v. Kennedy, 69 N. Y. 462. It follows, therefore, that the judgment of the general term must be…
2Cases cited9 opinions
- King v. . BarnesNew York Court of Appeals · 1888
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Babbitt v. FinnSupreme Court of the United States · 1880
- Wood v. . FiskNew York Court of Appeals · 1875
- Guernsey v. . MillerNew York Court of Appeals · 1880
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