McKellar v. American Synthetic Dyes, Inc.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 25, 1918, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover brokerage commissions. The order of the Appellate Division containing no statement specifying the grounds of reversal, it must be conclusively presumed that the reversal was on questions of law. (Code Civ.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 25, 1918, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover brokerage commissions. The order of the Appellate Division containing no statement specifying the grounds of reversal, it must be conclusively presumed that the reversal was on questions of law. (Code Civ. Pro. § 1338; Moore v. V. P. Cement Co., 220 N. Y. 320; Cannon v. Fargo, 222 N. Y. 321; Conway v. Naylor, 222 N. Y. 437; Gilhooley v. Burgard, 225 N.…
1Opinion of the CourtAndrews, J.
In his charge to the jury the trial judge gave a construction to a written contract which it is now said was injurious to the defendant and erroneous. No objection was made by it, however. No exception was taken nor was there any request to so charge as to raise the question. The result was a verdict for the plaintiff. A motion for a new trial was denied and from the order resulting and from the judgment entered upon the verdict an appeal was taken. The Appellate Division by its order simply reversed both the judgment and the order appealed from and granted a new trial. The plaintiff…
2Cases cited7 opinions
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
- Collier v. . CollinsNew York Court of Appeals · 1902
- People v. . HusonNew York Court of Appeals · 1907
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3Cited by7 opinions
- Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
- New York Consolidated Railroad v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1920
- People v. . DavisNew York Court of Appeals · 1921
- Lynch v. PrattAppellate Division of the Supreme Court of the State of New York · 1927
- Pioneer Credit Corp. v. San MiguelAppellate Division of the Supreme Court of the State of New York · 1948
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