Arnold v. R. Rothschild's Sons Co.
Appellate Division of the Supreme Court of the State of New York
Rearghment of ah appeal by the plaintiffs, Morris Arnold and Milton S. Arnold, -comprising the firm of M. Arnold & Co., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of March, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the llth day of March, 1896, denying the plaintiffs’ motion for a new trial made upon the minutes.
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Rearghment of ah appeal by the plaintiffs, Morris Arnold and Milton S. Arnold, -comprising the firm of M. Arnold & Co., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of March, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the llth day of March, 1896, denying the plaintiffs’ motion for a new trial made upon the minutes. (See Arnold v. Rothschild's Sons Co., 15 App. Div. 606.) This appeal was transferred from the first department to the second department.
1Opinion of the Court
Willard Bartlett, J.:
A reargument of this appeal was ordered on the ground that the Appellate Division had overlooked certain evidence in the case which tended to prove that the transaction in controversy amounted to a complete lease. • The facts of the case are sufficiently stated in-the opinion delivered after the first argument. (15 App. Div. 606.)-It was then held that inasmuch as the plaintiffs had failed to make out a cause óf action and the complaint ought to have been dismissed before verdict, the court would not interfere with the judgment appealed from, which was based on a verdict…
2Cases cited3 opinions
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- Carples v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Arnold v. R. Rothschild's Sons Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Arnold v. R. Rothschild's Sons Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Morris v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Haddock v. HaddockAppellate Division of the Supreme Court of the State of New York · 1902
- Ayvard v. PowersAppellate Terms of the Supreme Court of New York · 1898
- Staley v. MurrayAppellate Division of the Supreme Court of the State of New York · 1915
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