Legal Opinion
Gerstein v. Fisher
The Superior Court of the City of New York and Buffalo
Decided October 24, 1895Published
Action by Israel Gerstein against Robert W. Fisher. From an order denying a motion to serve a supplemental answer, defendant appeals. Affirmed.
1Per curiam
The order appealed from should be affirmed on the opinion filed by the learned judge below. 33 N. Y. Supp. 1120. In view of the decisions in Collins v. Hydorn, 135 N. Y. 320, 32 N. E. 69, and Furlong v. Banta, 80 Hun, 248, 29 N. Y. Supp. 985, the case of Anderson v. Railroad Co., 9 Daly, 487, cannot be followed, and the decision of Featherson v. Turnpike Co. (Sup.) 24 N. Y. Supp. 603, has no application. Order affirmed, with $10 costs and disbursements.
2Cases cited5 opinions
- Collins v. . HydornNew York Court of Appeals · 1892
- Featherson v. President of Newburgh & Cocheton Turnpike Co.New York Supreme Court · 1893
- Furlong v. BantaNew York Supreme Court · 1894
- Anderson v. Third Avenue RailroadNew York Court of Common Pleas · 1881
- Gerstein v. FisherThe Superior Court of the City of New York and Buffalo · 1895