Fox v. . Matthiessen
New York Court of Appeals
Appeal from a judgment and order of the late General Term of the Supreme Court in the second judicial department, entered respectively April 2 and February 15, 1895, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The notice of appeal also brings up for review an order of the General Term entered February 15, 1895, dismissing an appeal from two intermediate orders.
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Appeal from a judgment and order of the late General Term of the Supreme Court in the second judicial department, entered respectively April 2 and February 15, 1895, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The notice of appeal also brings up for review an order of the General Term entered February 15, 1895, dismissing an appeal from two intermediate orders. This action was brought to recover commissions upon the purchase price of certain sugar refineries, alleged to have been earned under an agreement with the defendant.…
1Opinion of the Court
Parker, Ch. J.
The record before us contains a notice of
appeal not only from the judgment entered upon the order of the General Term of the second department, affirming a judgment entered upon a verdict in favor of the defendant, but also from another and separate order of that court, dismissing an appeal taken from an order denying a motion to set aside the verdict and for a new trial, upon the ground of misconduct of a juror, and further, from an order denying a motion to resettle such order. The notice of appeal to the General Term from the judgment distinctly stated that the plaintiffs…
2Cases cited2 opinions
- Matter of De CampNew York Court of Appeals · 1897
- Selden v. . the Del. Hud. Canal Co.New York Court of Appeals · 1864
3Cited by13 opinions
- Buffalo Electric Co. v. StateNew York Court of Appeals · 1964
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
- Pieniewski v. BenbenekAppellate Division of the Supreme Court of the State of New York · 1977
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
- Goodwin v. GravesAppellate Division of the Supreme Court of the State of New York · 1941
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