Gugel v. . Hiscox
New York Court of Appeals
Appeal from a final judgment, entered December 3, 1913, after affirmance by the Appellate Division of the Supreme Court in the second judicial department of an interlocutory judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature "of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a final judgment, entered December 3, 1913, after affirmance by the Appellate Division of the Supreme Court in the second judicial department of an interlocutory judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature "of the action and the facts, so far as material, are stated in the opinion. The trial judge erroneously refused and failed to try this case ele nova, and refused to examine or consider the new evidence adduced. (Sticht v. Buffalo Cereal Co., 195 N. Y. 70; Ungrich v. Ungrich, 141 App. Div. 487.) The necessary parties…
1Opinion of the CourtPound, J.
David Hiscox died January 25, 1906, survived by his widow, Mary M. Hiscox, the plaintiffs, who are two of his daughters, the defendants, who are his two oldest sons, and another son, Frederick Hiscox, and another daughter, Harriet M. Hughes. The defendants had, prior to the death of the father, been employed by him in the business of manufacturing hair balsam and other proprietary remedies under the name of the Hiscox Chemical Works, and for some years prior to his death had charge of the business for him. David Hiscox left a will in which he provided for carrying on the business by the…
2Cases cited6 opinions
- House v. . LockwoodNew York Court of Appeals · 1893
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
- Gugel v. HiscoxAppellate Division of the Supreme Court of the State of New York · 1910
- Sticht v. . Buffalo Cereal Co.New York Court of Appeals · 1909
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3Cited by20 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- In re the Estate of KirkholderAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Estate of CroninNew York Surrogate's Court · 1932
- Halpern v. Amtorg Trading Corp.New York Court of Appeals · 1944
- Frymer v. BellAppellate Division of the Supreme Court of the State of New York · 1984
15 more not listed; retrieve them via the Exa API.