Saranac & Lake Placid Railroad v. Arnold
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27,1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27,1899, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. This action was brought to recover from the defendants the sum of $23,321.69 upon the allegation that between the 23rd of June, 1893, and the 23rd of March, 1896, they collected, received, withheld and retained, for their individual benefit, money and property belonging to the plaintiff, worth that amount, and…
1Opinion of the CourtVann, J.
The books of the plaintiff were received in evidence against both defendants, and as they did not appeal, their objections and exceptions are not before us. We must, therefore, assume, for the purpose of this appeal, that" the books were properly received and that the plaintiff had a right to rely upon the facts shown thereby. (Flora v. Carbean, 38 N. Y. 111; Witmark v. N. Y. El. R. R. Co., 149 N. Y. 393, 399.) The reason given for the rule in the earlier case cited is, that if the court upon the trial should exclude the evidence, the party offering it could, by his exception, have the ruling…
2Cases cited6 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Flora v. . CarbeanNew York Court of Appeals · 1868
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In re the Estate of StulmanNew York Surrogate's Court · 1933
- Quinn v. PostDistrict Court, S.D. New York · 1967
- Gries v. Long Island Home Ltd.Appellate Division of the Supreme Court of the State of New York · 1948
- Levy v. . Louvre Realty Co.New York Court of Appeals · 1917
- Gordon v. . AshleyNew York Court of Appeals · 1908
15 more not listed; retrieve them via the Exa API.