Stevens v. Amsinck
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, W. Tyrie Stevens, for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint at the close of plaintiff’s case by direction of the court on a trial at the Kings County Trial Term in April, 1910.
1Opinion of the Court
Carr, J.:
On the second trial of this action the court dismissed the complaint of the plaintiff and directed that his exceptions be heard in the first instance by this court, entry of judgment in the meanwhile being suspended. The case is now before us on the exceptions of the plaintiff and the defendants’ motion for judgment. The action is at law to recover damages for a breach of contract. It is our duty to consider the facts proved by the plaintiff in the aspect most favorable to him, as a nonsuit was directed.
It appears that prior to February, 1901, the plaintiff had been a member of a…
2Cases cited7 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- White v. . HoytNew York Court of Appeals · 1878
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Witherbee v. . MeyerNew York Court of Appeals · 1898
- Henderson Bridge Co. v. McGrathSupreme Court of the United States · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Arnold v. Gramercy Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Aker v. J. J. Fredella Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Wooldridge v. SheaAppellate Division of the Supreme Court of the State of New York · 1919
- Bermann v. Windale Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Shapiro v. BenensonAppellate Division of the Supreme Court of the State of New York · 1917
7 more not listed; retrieve them via the Exa API.