Collier v. Postum Cereal Co.
Appellate Division of the Supreme Court of the State of New York
Motion for a reargument of an appeal by the defendant, the Postum Cereal Company, Limited, or, in the alternative, to certify questions to the Court of Appeals.. (¡See 149 App. Div. 143.)
1Opinion of the Court
Miller, J.:
The dissenting opinion* shows that none of the reasons urged in support of the judgment or now urged in support of the motion for reargfiment escaped the attention of the court, and manifestly in the present state of this case it would be improper to certify questions to the Court of Appeals. It appears, however, that the writer of the prevailing opinion sacrificed clarity to brevity. At any rate, counsel seem not to understand what the court decided and request us to clear up the point and to state our views on the questions discussed in the dissenting opinion.
The precise and only…
2Cases cited13 opinions
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Ashcroft v. . HammondNew York Court of Appeals · 1910
- Howard v. . SextonNew York Court of Appeals · 1850
- Distin v. . RoseNew York Court of Appeals · 1877
- Union Associated Press v. HeathAppellate Division of the Supreme Court of the State of New York · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Quentin Reynolds v. Westbrook Pegler, the Hearst Corporation and Hearst Consolidated Publications, Inc.Court of Appeals for the Second Circuit · 1955
- Mosrie v. TrussellDistrict of Columbia Court of Appeals · 1983
- Foretich v. Capital Cities/ABC, Inc.Court of Appeals for the Fourth Circuit · 1994
- Foretich v. Capital Cities/Abc, Inc.Court of Appeals for the Fourth Circuit · 1994
- Shenkman v. O'MalleyAppellate Division of the Supreme Court of the State of New York · 1956
12 more not listed; retrieve them via the Exa API.