Legal Opinion

Youmans v. Paine

New York Supreme Court

Decided April 15, 1895Published

Appeal by tlie defendants, George IT. Paine and another, from a judgment of tlie Supreme Court in favor of tlie plaintiff, entered in tlie office of tbe cleric of the county of Delaware on the 8th day of September, 1893, upon tbe verdict of a jury, rendered after a trial at the Delaware Circuit, with a notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 29th day of October, 1894, denying defendants’ motion for a new…

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Appeal by tlie defendants, George IT. Paine and another, from a judgment of tlie Supreme Court in favor of tlie plaintiff, entered in tlie office of tbe cleric of the county of Delaware on the 8th day of September, 1893, upon tbe verdict of a jury, rendered after a trial at the Delaware Circuit, with a notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 29th day of October, 1894, denying defendants’ motion for a new trial. * The action was brought to recover damages resulting from the printing of certain “questions to be asked” of the…

1Opinion of the Court

Hardin, P. J.:

Upon a former appeal from a nonsuit granted in this case, this court granted a reversal of the judgment then entered upon the non-suit, and ordered a new trial (69 Hun, 613). Upon the second trial a verdict was rendered for the plaintiff. Since the trial the learned *481judge wlio presided at the Circuit, upon hearing a motion made by the defendants for a new trial on the case and exceptions, delivered an elaborate opinion discussing the various questions arising in the case, and I am inclined to advise an affirmance upon the opinion so delivered by the trial judge. (See, also,…

2Cases cited8 opinions

  1. Hemmens v. . NelsonNew York Court of Appeals · 1893
  2. Holmes v. . JonesNew York Court of Appeals · 1890
  3. Warner v. Press Publishing Co.New York Court of Appeals · 1892
  4. Ferris v. . HardNew York Court of Appeals · 1892
  5. Fogg v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1889

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