Stokes v. . MacKay
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14,1894, which affirmed a judgment in favor of plaintiff entered upon a verdict of a jury, and also affirmed an order denying defendants’ motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14,1894, which affirmed a judgment in favor of plaintiff entered upon a verdict of a jury, and also affirmed an order denying defendants’ motion for a new trial. This action was brought to recover the sum of $100,000, less a payment thereon of $25,000, with interest from the 26th day of February, 1889. The plaintiff alleged in his complaint that prior to the 26th day of December, 1888, he owned and possessed certain bonds and stocks of telegraph companies, for…
1Opinion of the CourtGray, J.
When this case was reviewed by us upon the prior appeal (140 N. Y. 640), it was decided that there were certain questions of fact, upon the evidence, which should have been submitted to the jury and, because- the trial judge •had refused to do so and had directed a verdict for the plaintiff, the judgment recovered was reversed and a new trial was ordered. There was a sharp difference in opinion as to the effect of the evidence. It was thought by some of the members of the court that the proof was such as to establish a complete adoption by Mackay of the contract, which Be Castro, as his…
2Cases cited2 opinions
- Cornwell v. . HaightNew York Court of Appeals · 1860
- Westfall v. PeacockNew York Supreme Court · 1872
3Cited by18 opinions
- DeForest Radio Telephone & Telegraph Co. v. Triangle Radio Supply Co.New York Court of Appeals · 1926
- Ostroff v. . DoctorNew York Court of Appeals · 1924
- Garber v. SiegelNew York Supreme Court · 1948
- Turner-Looker Co. v. AprileAppellate Division of the Supreme Court of the State of New York · 1921
- Brakarsh v. BrownNew York Supreme Court · 1937
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