Legal Opinion

Stokes v. Mackay

New York Supreme Court

Decided December 14, 1894PublishedCited by 1 opinion

Appeal from circuit court, New York county. Action by Edward S. Stokes against John W. Mackay and Hector De Castro. From a judgment entered on a verdict in favor of plaintiff for $94,006.53, defendants appeal.

1Opinion of the CourtParker, J.

The merits of this controversy were fully discussed in this court on a former appeal, resulting in a holding that the trial court properly directed a verdict in favor of the plaintiff. 19 N. Y. Supp. 918. With this decision the court of appeals differed, deciding that there were certain questions of fact which should have been submitted to the jury for their determination. 140 N. Y. 640, 35 N. E. 786. On the retrial these questions of fact were submitted to the jury, resulting in a verdict in favor of the plaintiff. As the testimony relating to the main features of the controversy was…

2Cases cited13 opinions

  1. Lawrence v. . MillerNew York Court of Appeals · 1881
  2. Moses v. . BierlingNew York Court of Appeals · 1865
  3. Eddy v. . DavisNew York Court of Appeals · 1889
  4. Baumann v. . PinckneyNew York Court of Appeals · 1890
  5. Bunge v. . KoopNew York Court of Appeals · 1872

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3Cited by1 opinion

  1. Buschman v. Iwai & Co.District Court, S.D. New York · 1924

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