Brady v. Cassidy
New York Court of Common Pleas
Appeal from trial term. Action by Harriet A. Brady, as executrix, and James Winterbottom, executor, of Alfred Brady, deceased, against Patrick Cassidy and I. Richard Adler. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtBookstaver, J.
The first trial of this action resulted in a verdict in favor of the plaintiffs, and the judgment entered thereon, was affirmed by the general term of this court, but reversed in the-court of appeals. Brady v. Cassidy, 104 N. Y. 147,10 N. E. 131. On. such reversal the court of appeals held that, on the facts then presented, the contract, the basis of this action, was plain and unambiguous in its language, and was susceptible of but one construction;-, that it stated the subject of the sale- was the entire manufactured stock in good condition, consisting of pipes, fittings, and zincs, etc.,…
2Cases cited29 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Losee v. . BuchananNew York Court of Appeals · 1873
- Becker v. . KochNew York Court of Appeals · 1887
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Terry v. . MungerNew York Court of Appeals · 1890
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3Cited by1 opinion
- Silberman v. FretzNew York Supreme Court · 1896